Can’t speak to CAB, getting fed up.

[northnorth]

Citizens advice are useless. Advisors are apparently not available in my area ...so I guess that’s it? No other option to speak with them.

All I need to know....I have to leave my mortgaged home due to abuse. I can’t live in the house, can’t afford the running costs. I have two children under 5.

If I move into a rented home. I know that my mortgaged home would be classed as capital. I know any capital over 16k means you’re eligible for universal credit (no longer housing benefit in my area). All I need to know is if my house (capital) will be classed as “joint”? Because if it’s split in half I have less than 16k. It’s a really simple question and all services I ring to give me an answer pass me to citizens advice....citizens advice either put me on hold for over 20 mins without speaking to me or I get an automated message saying no advisors available in my area.

I really need help and can’t get the answer to a simple question.

Sorry- obviously I meant any capital over 16k means I’m NOT eligible for universal credit

Is the plan that your former partner/abuser continue to live in the home, and you will leave with the children and move into rented accommodation?

How do you and your former partner own the home? Is it in joint names? Joint tenants, or tenants in common with a different percentage split?

If the property is owned jointly, you are both treated as having an equal share in the whole unless there is evidence that it is owned in different shares. So yes, only half the capital in the home will count when assessing your entitlement. You also deduct 10% of the capital for the estimated costs of sale.

Even if your half were over the £16k limit the equity would be disregarded for the first six months (see H2114 of the Chapter H2 link below).

You may want to take a look at the DWP internal guidance on the treatment of capital:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/618960/admh1.pdf

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/747845/admh2.pdf

All internal guidance (advice for decision makers)
www.gov.uk/government/publications/advice-for-decision-making-staff-guide

Women's Aid may be able to advise:

www.womensaid.org.uk

Sorry to hear things are difficult, and hope they improve soon.

I'm sorry you haven't been able to get any help from Citizens Advice. The phone lines are often very busy. Is there an office near you? Many offer drop-in advice (no appointment needed) so you might have more luck that way. There is also a web chat option, but it's not as good as talking to someone.

I suggest you call Women’s Aid (Citizens Advice may well refer you to them anyway) because they are the experts in abuse and what your options are. To get housing on the grounds that you are experiencing abuse, you will need evidence of it - talking to Women's Aid could be evidence in itself but they can also advise on other evidence including reporting to the police, talking to your doctor etc.

You can also visit or contact your local council as they should have a housing advice service. If you have to leave your home because you and/or your children are at serious risk, you can make a homeless application.

Lastly, Shelter are good on housing, so you could try their helpline.

Also just to add that you probably need legal advice and you will need a solicitor with experience in abuse. Women's Aid should be able to point you in the right direction. You might be eligible for legal aid but again you will need evidence of the abuse.

As a starting point you could call the Rights of Women family law helpline, it's free:
rightsofwomen.org.uk/get-advice/family-law/

Be careful, because the savings rules around Universal Credit are - if over 16k you are not eligible for UC, but if you have savings/capital of over 6k, your UC will be reduced.

Universal Credit also incorporates child tax credits and working tax as well, and job seekers allowance, not just housing benefit.

Even if you are entitled, you will have to either wait 5 weeks with no payment at all, or you'll need to take the loan they offer you to cover the 5 week wait, and your payments will be reduced for a year to pay this loan back.

UC is a mess. I'm sorry for your situation xx

Re Citizen's Advice, you could check if there is an office near you, or else any other type of welfare advice place which could help you?? xx

If you received 8k in capital ( or were assessed as having that amount) then it would just reduce your monthly Uc slightly. Anything over 6k ( so 2k) would reduce your Uc by about £4.30 ( I think) per £250 over the 6k, so if you had 8k your monthly amount would reduce by about £32 a month. Hope that helps. CAB are overwhelmed at the moment ( I work for them) due to massive issues trying to sort out people's Uc claims and help people to apply as well as all the other issues they deal with.

Can I just say big thanks to everyone! My share in the house is just under 10k so I think I would get some UC if I left and lived elsewhere. Despite all that has happened and what he has put me through I am really scared to leave...dreading it to be honest. I love our family home and so do my children. But I know deep down I have to go. Really upset that it is all happening but trying to stay confident and believe that I can do this xxx

Look on the Money Advice Service website. They have a search tool that helps you find the nearest free advice organisation (not necessarily the CAB).