Can I claim the income bit of UC only?

[CecilyNeville]

I don't want my landlord to know that my H and I have separated, as I wouldn't meet the income multiple they require to rent the house on my own (income has to be rent x 2.5 or something) even though I can pay it and survive from my income and maintenance without having to claim housing benefit.

The calculators say I am entitled to HB and the income element (TC and CTC as was I guess), but I only want to claim the TC/CTC but for now, while my situation is in flux. Anyone know if that is possible?

Universal credit is claimed instead of housing benefit/ tax credits. Are you in a universal credit area?

Sorry don’t know much about this but how would your landlord find out anyway? It’s paid directly to you with UC.

If he does find out, what’s he going to do, give you notice?? It would be very risky for him as a disgruntled tennant could cost him £thousands. I’m not saying you would stop paying rent and wait months for eviction but some people do.

Does he pay a mortgage? These sometimes have clauses for insurance re renting to people receiving benefits.

I don't think you can pick and choose which elements to claim with UC. the reason being that if for example you didn't claim your rent element then your wages are likely to just cancel out any UC anyway because wages reduce the whole award. For example on Uc you would get a standard element for yourself, child elements if yu have a child and rent element. Then those elements are all added together making your total UC .Then your wages reduce your whole UC amount. I guess you could just not show them your tenancy agreement so that the rent element doesn't get added to your claim, really not sure if its allowed.

Our area became a UC one in November. Sorry, I didn't word what I was trying to say properly - I understand that those are all combined now, but I'm trying to work out whether I can make a UC claim for just my low income.

My H's name is on the tenancy agreement, so I thought that would impact my making a claim? Even though he owns a flat outright that he lives in and can prove he lives in. But if I changed the tenancy agreement to my name only, then I would no longer meet the income requirement...

There's no mortgage on the house, so it's not a situation where a mortgage company wouldn't allow UC claimants - it's that I won't meet eligibility for the house on my own. I would be loathe to disrupt DS8 further right now if I can avoid it.

I mean disrupt him by moving somewhere cheaper!

Babyroobs I see what you mean - I didn't know how the calculation was done. Bugger.

Probably best to ask at the job centre or CAB whether it is possible. people who don't claim the rent element get a higher work allowance ( the amount that is disregarded before your wages start to reduce your total UC) so it may be possible not to claim the rent element and get that higher work allowance. Best to check with the experts. when you make an initial application for Uc it asks if you are renting, so I guess you would have to declare that you are but if you just didn't give them a copy of tenancy agreement they wouldn't add the rent element.

Okay, thanks for that info. I will make proper enquiries! I know it's silly, but I am put off by the level of intrusion UC appears to involve. I just want some support to tide me over for this transitional period, while I work towards being self sufficient.

I'm not sure the fact that there is no mortgage on the house makes much difference.
I understand some landlord /house insurance also exclude tenant's on some benefits. If I was a landlord I think i'd be really peed off if my tenant didn't tell me they were claiming the housing benefit part of UC and it made my insurance invalid.

People are struggling to survive on UC, how would you be entitled to claim UC but have enough without the housing element? If you have enough to be paying full rent etc are you really entitled?

2019rubberband I earn minimum wage. That, with child allowance, covers the essentials of rent, contents, council tax and utilities. Child maintenance from ex-H will cover food. That's what I mean by "I could survive". But it means no clothes, transport, replacing anything that breaks, etc, which is why I would like to claim what would have been called tax credits and child tax credits under the previous system.

Suggest you claim single person council tax asap. I would suggest that you claim everything that UC offers you, because as you said you may need to pay for something that you had not for seen. You should tell your landlord, because it may invalidate the landlord insurance. If you don't spend all the UC, save some

It's not worth the risk of losing the house; I don't have any back up for crisis situations (no family, and no proper friends here, as only been in this area for about a year) so I have to be really careful to preserve the security I have. I work from home too, and it's flexible and can be done when DS is asleep or playing out, so it's really important that I don't find myself in a position where I can't find someone who will rent to me. It's okay, I will get by.

It will be far too much of a struggle. I'm sorry because it's not what you want to hear but people claiming UC including the housing part are struggling to make ends meet. You either qualify or you don't. If you do then you certainly are not going to manage as you think. It's really tough on UC, let alone on partial UC.

Your landlord has the income stipulation for very good reasons, I'm sorry but I don't think that its manageable.

Child maintenance from ex-H will cover food.

What happens when he doesn't pay it?

I work for Citizens Advice.

What kind of tenancy agreement do you have, is it an AST (Assured Shorthold Tenancy) and is it fixed term or periodic? Check the tenancy agreement to see if there are any clauses about changing from joint to single tenancy, and about claiming benefits (HB/UC are obviously the relevant ones).

Some tenancy agreements specify that tenants can't claim benefits and that's usually because the landlord's mortgage or insurance forbids it. Your landlord probably has insurance even if they don't have a mortgage.

I don't think you necessarily need to tell your landlord that your husband has moved out, or get his name taken off the tenancy agreement (unless it states that you should). So if you do have to tell your landlord you are claiming UC, you could just say that it's due to a change in circumstances, without specifying what those circumstances are. You certainly don't have to tell the landlord which element of UC you are claiming (personal, child, housing allowance).

You should claim everything you are entitled to btw and as PPs have said you can't pick and choose anyway.

My advice is to apply for social housing - there'll be a wait so it's wise to get on the system ASAP - and also ask your local council about private landlords that accept tenants with benefits. I'm not saying you will have to move (or that you should) but it's wise to consider other options in case it comes to that.

It is important that you can afford your rent and essential living expenses.

For more advice I suggest you visit or contact Citizens Advice. Take your tenancy agreement with you or have it in front of you when you call.

Thanks for all this advice, it is so, so useful. And AnotherEmma, thanks for taking the time to type all this detailed info out - I hadn't thought I would be eligible for social housing, so that's something to look into. I need to stay put in this house for now though, as DS playing out around the close for all hours and in all weathers with his neighbour friends saves a fortune in childcare, as well as being good for him as an only child. He's been through enough in the last few months with the death of a grandparent and H finally moving out, so I just want to keep this place as long as I can.

I think I need a bit of time to digest my situation, and see how January goes in terms of income and expenditure. H and I need to work out how the spoils of the marriage are going to be resolved when we divorce - some of the value of that flat he lives in will go to me, and although I have no intention of doing so, a solicitor would probably say I could claim some of his pension; I've worked flexibly around his work and DS' needs (H works away half the week) which has enabled him to have a career and good salary while compromising my own situation. So, there is some leverage for him not to be unhelpful about child maintenance, although I really don't think he wouldn't meet he wouldn't meet his obligations; his Mum, who dotes on DS, would give him hell. And his social group would be completely disgusted. He may be many things, but he is so, so unlikely to let us down on maintenance.

I didn’t take my Ex off our joint tenancy and was still able to claim for being single. So long as there is other proof he isn’t living at the property if questioned.

Reason I left my ex on was in case anything happened to me - with him still a tenant the children wouldn’t have to move as he’d have moved back in with them. Also it made him still jointly responsible for the rent if I ended up struggling (because he’d left me a single parent!).

If you claim UC the housing element will be paid directly to you within your entrie payment. Due to GDPR your landlord is not allowed to know you’re claiming UC unless you inform them

As an aside, I can see you want to creep things amicable but you really should take advice re; claiming on his pension when you divorce.