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Original poster

UC and second home

32 replies

dairyfairies · 20/01/2020 08:26

I know I need to get some proper benefits advice but maybe can give me some idea:

I was dismissed from work and due to circumstances, I won't be able to find another job easily. Probably never. DH is not one to support me financially now I had to leave work and the bottom line is, I will have to move out.

I will be getting carers allowance (66.15) - one of the DC is severely disabled and child benefit. I did some googling and it says that any equity in a second home count as capital for UC. If I move out, will the marital home where DH will stay count as second home? We have quite a bit of equity but the way things are going, this all won't be easily resolved. Does it mean I cannot claim UC in the meantime? I wont even be able to rent a shed on Carers allowance/child benefit let alone eat and cover other expenses.

I cannot stay in the home as I cannot afford the mortgage either.

are there special regulations while going through a family breakdown?

OP posts:
MollyButton · 20/01/2020 08:34

ARe you married?
I would suggest trying to book an appointment with a specialist advisor at CAB. Also talk to solicitors, some will give you some preliminary advice for free.
I would also wonder if there is anything you can claim or any case against your former employers.

But do talk to CAB.

lazymum99 · 20/01/2020 08:44

If you move out into a separate household and are a full time carer for your child then you should qualify for UC as a carer with housing costs and child costs.
Is the house on your joint names? They will probably assess the situation but if your husband is living in it and there is no way you can benefit financially from it then you should be ok.
Go to citizens advice. They may very likely say that you should really stay in the house that you own with the children when there is a breakdown in relationship. The advice is normally stay put and your dh should leave.

Original poster
dairyfairies · 20/01/2020 08:57

thanks both. will try this get an appointment with the cab.

I wont be able to claim against employer. they were good. but when you have a disabled child and cannot access childcare during hols, have hospital appoints etc you become a liability. They had to let me go as me not being there for weeks on end affected business (small company).

and yes, married.

OP posts:
AceOfShades · 20/01/2020 09:17

So your 'DH' is going to throw his DW and disabled child out because you lost your job looking after his child?

Get yourself to a solicitor! You have rights! Sounds like you're better off without him anyway but you are entitled to enquire and child maintenance.

AceOfShades · 20/01/2020 09:19

Equity, not enquire. Sorry!

Original poster
dairyfairies · 20/01/2020 09:21

So your 'DH' is going to throw his DW and disabled child out because you lost your job looking after his child?

he doesn't consider the DC his responsibility - I wanted DC so I should look after them (but that is a whole other thread - let's not go there. I just need practical advice). I cannot afford a solicitor. I have no money whatsoever but will speak to the cab.

OP posts:
AwdBovril · 20/01/2020 09:22

Your H sounds like a prince among men. Hmm
Agree with what AceOfShades said. Solicitor, definitely. Or CAB if you can't afford that.

Original poster
dairyfairies · 20/01/2020 09:22

he is not a high earning. I put the figures into the CMS calculator. I would get about £140 a month for the DC. I don't think I stand a chance of getting anything as his spouse.

OP posts:
lazymum99 · 20/01/2020 09:24

DH is not one to support me financially now I had to leave work and the bottom line is, I will have to move out.

Whoa. I didn’t read fully before. I thought he couldn’t not wouldn’t. So he won’t support the mother of his disabled child now you had to give up work?
Is he the father of this child?

lazymum99 · 20/01/2020 09:26

Sorry x post

MollyButton · 20/01/2020 10:17

CAB first.
They may be able to signpost you to legal advice.

Do you own two homes? Even so the matrimonial home is part of the assets to be split between you. So some of the value of that could be used by you to get legal help in getting an equitable split of assets.

ballsdeep · 20/01/2020 10:21

Why won't you be able to get another job? Bevause you're a carer or because of the reason you were sacked?
I would pop into cab and get some advice op.

flirtygirl · 20/01/2020 10:29

As two separate households, we are not talking about a second property in this scenery as you each will have a property to live in once one of you has moved out.

For now you need to claim as a separate person with no income. Then with divorce and settlement of the assets ie family home, depending on your income then and if you are still claiming UC then you would update your claim if you go over the capital limits of uc.

Also there are rules about using capital within a certain time frame of 6 months to house yourself, especially if that capital came from selling housing.

Cab can give more info but look into UC carefully and if you do find a job check pay dates for work and pay dates for universal credit, if close together they can affect payment.

If your home is mortgaged and you will be out of a work and a carer for some time to come then it's better to get rented accommodation as UC has no help for mortgage costs.

If you are able to stay in the marital home and you find a job then that may be better long term for you.

Original poster
dairyfairies · 20/01/2020 10:37

Why won't you be able to get another job?

I have a teen with severe learning diffs, autism and other health issues. No school holiday childcare, no wrap around childcare and my child is frequently ill. I would need a job with about 20-22 weeks annual leave and working hours between 10-2.

I am also up several times a night with DC and haven't had a full night's sleep since birth. I have developed my own health issues due to years of working, caring, night waking and not being able to look after myself.

Do you have any suggestions where I could look for work where I can be almost half the year off? and where it's not an issue of I cannot perform due to lack of sleep? Hmm

OP posts:
Whynosnowyet · 20/01/2020 10:41

He is legally financially responsible for you.

AlexaShutUp · 20/01/2020 10:42

Flowers Sounds like a really difficult situation, OP. I'm really sorry that you lost your job and that your H is such an unsupportive arse. I hope that you get some good advice on here.

jjjnnnnnrrssss · 20/01/2020 16:25

Sounds like a really difficult situation OP and I'm sorry DH is not supportive. Definitely time for separation to get yourself and your child into a better situation.

Speak to CAB about UC, carer allowance etc.

Maybe look into virtual assistant jobs? Or other work from home positions, stuff online. Much more flexibility and you won't likely get 20-22 weeks time off but you can have a much more flexible schedule and can be at home for your child when needed. Plus I come obviously. Good luck!

kerkyra · 20/01/2020 18:50

Not sure if this is any help,but I have a son with asd (12) and have become a self employed cleaner. Means I can work school hours and have time off in the holidays.
If you have a local fb page,there are often jobs going for cleaners. I charge £13hr. Just an idea.
Hope it all goes well for you op

Babyroobs · 20/01/2020 19:53

You can claim UC for help with rent and for yourself and your child if reasonable steps are being taken to sell the maritial home or your ex buy you out of it.

Skyechasemarshalontheway · 20/01/2020 20:01

Does your little one get DLA middle or high rate care?

If so that's 60-80 a week.
Then carers 66 a week.
Cb 20 (if one child) a week.
Depending on husbands wage you could get uc and disability element for your child.

We are under the tax credits still we get £100 a week for our disabled child a week plus 50 for our other kids, my husband earns about 21k a year.

Have you checked the entilted to website to check what you will get.

It may help you save if you want to leave before rushing to leave with nothing saved up.

Babyroobs · 20/01/2020 20:11

Disabled child element is not so generous on UC, especially not for middle rate care.

Original poster
dairyfairies · 20/01/2020 20:30

middle rate care. It's just spend on DC (1:1 swimming, some therapy and some extra things she needs regularly) - it's not part of the household income.

We are in a UC area and don't claim it. we had issue with TC overpayments in the past so stay well clear of it (and until recently we had 2 incomes and probably would not have qualified).

But I need to claim as soon as I have found a flat. I just was not sure if I was entitled as I though the house I own with DH (and from which I will move out) would count as capital, putting me over the threshold.

OP posts:
Original poster
dairyfairies · 20/01/2020 20:32

You can claim UC for help with rent and for yourself and your child if reasonable steps are being taken to sell the maritial home or your ex buy you out of it.

that is my worry. DH won't be able to buy me out and right now it's not really amicable and other than getting out nothing is happening. DH is stalling everything and very much incommunicado.

OP posts:
8paws8legs · 20/01/2020 20:38

If your on the mortgage make him sell and take your half, it doesn't legally matter who was the one who wanted the children both are legally responsible for feeding/safe home/clothing etc so he can't just say no.

Original poster
dairyfairies · 20/01/2020 20:42

If your on the mortgage make him sell and take your half

how do I force him to sell? he says it's all not his problem and that he won't sell. it's just such a huge mess Sad I cannot even afford a solicitor.

OP posts:
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