Benefits advice? Redundancy and SMP, help?

[panickingaboutrent]

Hi posting here for advice because such long wait for CAB appointments and I am clueless and a bit worried

I have a young baby and am on statutory maternity pay only which ends in a month

P has been made redundant and has no money as only got statutory redundancy pay which was negligible and paid overdraft

P and I split in May/June and I claimed CTC/WTC.He then returned and I informed them.

We rent a flat which is slightly more than my full time income but unable to move as have signed a new lease

I am not entitled to TC with P living here

Do we a. try and claim HB jointly and JSA for P
b. Split up again and I do it all alone?

The problem with (a) is that P owns a house which his mum lives in and has a life interest in and his brother has a share in. I am in a profession that requires complete good conduct so there is no way I want to risk being accused of fraud and I think if you own a house, even if the beneficial interest rests in others on trust, you still are not eligible for HB?

The splitting up isn't just about benefits etc, we have been having a really tough time (he had an affair, our DD died, etc) and not sure it will work out anyway tbh

Thanks for any advice am really panicking as he has cancelled rent payment for tomorrow and I paid his mortgage on his house instead of the rent where I live because I thought he would/could pay rent!

Regarding the house: Your partner cannot liquidate the value of the house into cash because other people have lifetime interests in it and/or another party owns it jointly anyway. Whose name is on the deeds of the house? It may not have yet been transferred to his name.

PS I have never claimed anything before now so I am really useless at all this- never thought this would be me.
Also P has an ex wife and a house in joint names with her but she has the beneficial interest in that property.

Hi Lucinda yes he is prevented from liquidating the house by the life interest and there is a deed of trust and a restriction registered against the title. It is in his name though I think as of last year, he took it over to get a larger mortgage to help refurbish it at the request of his mother and brother

can't find any DWP info on that situation

ah I have found the following:
Property you own but do not occupy [HB Sch 6, HB(SPC) Sch 6; CTB Sch 5, CTB(SPC) Sch 4]
The value of this property is counted as capital but you may be able to get HB/CTB even if the value of the property means that your savings are more than £16,000. This is because the value of the property may be ignored when your savings are worked out, in certain circumstances.

If the property is occupied by an elderly or disabled relative as their home, its value is not taken into account for as long as it is so occupied.
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If you have left the property after the breakdown of a relationship, and it is occupied by your former partner, its value may not be counted for the first 26 weeks after you left. If the property is occupied by your former partner and they are a lone parent, the property will not be counted for as long as it continues to be so occupied.

So I guess that would be okay sorry I'm thinking-typing aloud

I'm still not sure if I'd be better on my own though in terms of returning to work and being secure with DC. argh

Living apart in order to claim benefits would be fraud as you are a couple.

If your maternity runs out next month and your partner is not in work surely the most sensible thing to do is for you to return to work and he stays home with the child until he finds a job and then you can look for alternative childcare.

That way, you'd still be entitled to tax credits and possibly WTC if your income qualifies. Far better than being on JSA.

Thanks happymumofone it's just my income won't be enough to pay the rent and I don't qualify for tax credits when taking into account what P earned in the start of the year prior to redundancy. I'm not proposing fraud I'm just wondering what the hell I do. If we separated it would be based on other relationship issues more than anything. I am due to return in January, and work say they need at least 2 months notice if I want to push the date forwards. argh just a bit stressed! thanks