Universal Credit and separated partners

[heidei]

Hello

My friend asked if I could get some advice here. She's recently split with her ex husband and is having a UC dilemma. They have 2 DC under 6 and she works 23 hours a week (pandemic aside). Her husband had a job but lost it due to Covid. He always had a poor work ethic and doesn't want to get another job (I appreciate that the economy is crap right now but in general). He does have some health problems and received standard daily living PIP but not LCWRA which he definitely wouldn't get. When they worked out their finances separately, she agreed to give him £200 a month to help him as he will watch the DC whilst she works, however she will still be having them 4 full days and evenings and 6/7 nights a week. To clarify, he doesn't want to work even if he didn't have to watch them and will happily sponge/ have nothing so really it's her helping him in a way. However, he will not be able to afford his bills (she's not asking for maintenance) and said she needs to put the youngest one on his UC claim otherwise he doesn't know what to do. He said if she doesn't then he will take legal action because he can't afford to live. However, whilst then child element is only £30 more then the £200 she's giving him, it's a lot of money to her right now. What should she do and what arrangement will be best for all of them? TIA.

Why is she paying him to look after his own children?!
She needs to claim UC her self with both children in her claim.
Him not affording his bills isn't your friends problem. How old is the youngest one? I'm guessing under 3 years so then he doesn't have to look for work that's why he wants the child in his claim.

Yep, the child has just turned two @Sillybilly35 and because she feels sorry for him.

The children live with her most of the time, therefore they go on her claim. If he wants one of the children on his claim it may be possible but she would have to agree to that.
What makes you so sure he would not be awarded LCWRA? If he is disabled enough to receive PIP then it's likely he will have some limitations on what work he can do.

She told me he applied for it before @Babyroobs and got 0 points so I assume he wouldn't get it? It's not a case of finding a few points, he didn't have any. Thanks for the advice

She needs to give her head a wobble ffs. She's not responsible for him. She needs to stop giving him cash and put her own claim for UC in based on how much she actually has each of the kids.

@Babyroobs

The children live with her most of the time, therefore they go on her claim. If he wants one of the children on his claim it may be possible but she would have to agree to that. What makes you so sure he would not be awarded LCWRA? If he is disabled enough to receive PIP then it's likely he will have some limitations on what work he can do.

Ok I suspect then if he doesn't think he'll get LCWRA he may want one of the children on his claim to try to avoid being asked to look for work. With no children on his UC claim he could be asked to look for 35 hours work unless he declares that his health conditions affect his ability to work. How old are the children ?

Tell your friend to think of her children 1st, not him. The children go on her claim, all else to do with him - He sorts it out via his own UC claim. If she gives him money for childcare (as utterly ridiculous as this is) then he can declare it to UC under "Income & Earnings", they'll decide whether or not to take into account.

& He has standard PIP income which isn't taken into account so he'll do well enough.

You do seem to be pre-empting PIP decisions. He can appeal for enhanced rate, and await outcome.

Your friend needs to think carefully if she's going to pretend 1 of her DC lives elsewhere, too.

This man is mollycoddled fgs...

4&2 @Babyroobs

@DeeCeeCherry yes, she's my closest friend and I know a lot about her situation and of course, I'm not the DWP so he could get LCWRA I just think it's unlikely but it is possible. She wouldn't put the other DC on a different address though so does that mean he can't claim for it in theory?

She wouldn't put the other DC on a different address though so does that mean he can't claim for it in theory?

Not unless child lives with him.

Your friend needs to focus on herself and her children. He can sort himself out. He'll still get UC single persons allowance. & He has his standard rate PIP income, which isn't means-tested so won't be taken into account. Single person's Council Tax discount. He may be entitled to Housing Benefit. Warm Home Scheme..quite a bit he can claim actually, could be more but he can look into it.

There's lots of online advice out there, some of which can be accessed via Live Chat. CAB advise, and have detailed fact sheets also.

If he doesn't want to work that's his own lookout. I don't know what will be said about his "Job" being looking after his own children(!)..I guess CAB can advise on that too although if that were acceptable surely he'd have to demonstrate that he is "Available For Work" on days he doesn't have the children...