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Original poster

Help! Hudge Mistake!

96 replies

Wenderrs · 30/04/2022 14:50

My husband and I separated in 2017, I moved into council flat, ex husband stayed on in home. I continued with Tax credits, not entitled to housing benifit as I owned family home jointly with ex.
in the havoc of lockdown and to see if I could get help with my rent I took this to apply for UC.
i have not paid attention in filling this form online and skimmed past the page with owning property has been on, as none of the rest applied to me and all boxes were already placed with NO in them.
just had meeting with work coach where I asked when would I start paying my rent again? As I’d not heard anything and was getting worried!!
well now I’m out of my mind with worry! I have always told them about property since 2017! I thought this was already on the system. Have been given a form about asset and equity. I think the last 2 years of this pandemic I’m to pay it all back!
if I had known what I was doing? Or realised a mistake I certainly would not come of one benifit I’m entitled to, too go on another I’m not!
if anything I’ve frauded myself!!!
can I go back to tax credits? As on UC I’m not entitled to one pence.

OP posts:
Ilikewinter · 30/04/2022 15:50

Whats Covid got to do with anything?, yeah you own half a house so of course you need to pay back the benefits thats youve incorrectly been claiming because you "skimmed" past the very important and relevant page

MrsRinaDecker · 30/04/2022 15:52

I was able to apply for council housing while still owning a share of a house, so it is possible. But a) there was domestic violence involved, b) I had a disability that meant the property was no longer suitable, and c) it was sold - minimal equity - as part of the separation agreement before I signed for the council flat.
I think OP that you need to seek legal advice re the house, as staying in it might have been better for your one dc at the time, but you may need to sell it / your ex buy you out now.
You could also try citizens advice or welfare rights for help with the UC issues, but I’m pretty sure you wouldn’t be able to go back to tax credits.

Pinkfootedgeese · 30/04/2022 15:54

Which country do you live in? If not England different rules may apply.

Original poster
Wenderrs · 30/04/2022 15:54

WallaceinAnderland · 30/04/2022 15:44

As far as I am aware, you cannot just voluntarily leave a property you own and apply for accommodation through the local council. You would have to declare your 50% share in the house. Did you do this OP?

Yes everything was mentioned to council, I had to leave for reasons. Council knew I jointly owned property, was still able to claim tax credits but not entitled to any housing benifit

OP posts:
TooManyPJs · 30/04/2022 15:57

If your ex is the primary carer for one of your children then the value in the property should be able to be disregarded, as your former home now occupied by a lone parent.

www.entitledto.co.uk/help/own-other-property

If this is the case, make sure that you make UC aware that your ex is a lone parent and therefore you understand the value of the property should be disregarded.

Time2ChangeName · 30/04/2022 15:58

If you live in England once you switch to UC you can’t switch back. I heard an ad on the radio a couple of days ago.

Original poster
Wenderrs · 30/04/2022 15:58

MrsRinaDecker · 30/04/2022 15:52

I was able to apply for council housing while still owning a share of a house, so it is possible. But a) there was domestic violence involved, b) I had a disability that meant the property was no longer suitable, and c) it was sold - minimal equity - as part of the separation agreement before I signed for the council flat.
I think OP that you need to seek legal advice re the house, as staying in it might have been better for your one dc at the time, but you may need to sell it / your ex buy you out now.
You could also try citizens advice or welfare rights for help with the UC issues, but I’m pretty sure you wouldn’t be able to go back to tax credits.

Thank you yes, for UC I would have been better staying in the home, but I left 3 years prior.
I only wanted to see if I could get help with housing benifit whilst in lockdown. It’s a right mess. My equity will now go on paying 2 years UC payments back.

OP posts:
Original poster
Wenderrs · 30/04/2022 16:01

Billandben444 · 30/04/2022 15:44

What's it got to do with the pandemic?

That’s the only reason I was applying for housing benifit. And where this mess has started from.

OP posts:
Original poster
Wenderrs · 30/04/2022 16:03

Pinkfootedgeese · 30/04/2022 15:54

Which country do you live in? If not England different rules may apply.

Scotland

OP posts:
RJnomore1 · 30/04/2022 16:07

Of course you can get a council house while you own a house. Not because you just feel like it but because there’s a reason that the property you own is not suitable accommodation for you. Ffs.

Bagadverts · 30/04/2022 16:07

Yes you have to declare all capital. Is the child who stayed with your ex still under 19 and in non advanced education. As PP said . If yes, or if true for part of the time then value may be ignored

Havw you been making efforts to sell the property? If you were for 6 months it could be disregarded.

You need benefits advice and possibly legal advice depending on the way that this is treated .

Ohsugarhoneyicetea · 30/04/2022 16:08

I think you have 6 months grace to sell a property after relationship ending and then another 6 months to buy another property before the UC will take the equity into account. So a year in total - when did you switch to UC?

But more relevant is what a PP mentioned:

In particular cases the value of property can be disregarded (ignored) on a long term basis. For example, the capital value of your former home can be disregarded from a means tested benefit calculation if your former home is occupied by your former partner who is a lone parent. In this case the capital value is disregarded for as long as it is occupied by the relative or former partner (while they are a lone parent).

www.entitledto.co.uk/help/own-other-property

So you're fine, no need to worry until your children are leaving home, and or fulltime education.

riotlady · 30/04/2022 16:08

You can’t switch back to tax credits unfortunately but you may be able to have the house disregarded depending on the situation with your ex and custody. Please read the forms carefully next time, especially your UC declaration as it is really important to get the details right

lanbro · 30/04/2022 16:08

I'm on UC and get help with rent. I own a house that xh lives in but our consent order states he can live in it for another 10 years until youngest is 18. When I applied they knew this and said because I don't contribute to the house and have no access to the equity I am still eligible for UC. This was a face to face meeting pre pandemic, all made very clear.

Original poster
Wenderrs · 30/04/2022 16:10

MayorDusty · 30/04/2022 15:37

Too many people are ignorant of how Council housing works....

UC is well known for being punitive like this OP does he pay you rent?

No he not pay me rent, did not know this was something could do.

OP posts:
Doyoumind · 30/04/2022 16:16

You knew you weren't entitled to housing benefit so I don't understand why you didn't think to clarify when you switched to UC. You could probably have sorted this if you'd been upfront about it.

Didnt the news of people losing their homes during the pandemic reach you? That was because when they lost their income as homeowners then they couldn't get payments towards their housing if they were forced to go on UC.

Original poster
Wenderrs · 30/04/2022 16:16

Ohsugarhoneyicetea · 30/04/2022 16:08

I think you have 6 months grace to sell a property after relationship ending and then another 6 months to buy another property before the UC will take the equity into account. So a year in total - when did you switch to UC?

But more relevant is what a PP mentioned:

In particular cases the value of property can be disregarded (ignored) on a long term basis. For example, the capital value of your former home can be disregarded from a means tested benefit calculation if your former home is occupied by your former partner who is a lone parent. In this case the capital value is disregarded for as long as it is occupied by the relative or former partner (while they are a lone parent).

www.entitledto.co.uk/help/own-other-property

So you're fine, no need to worry until your children are leaving home, and or fulltime education.

i had noticed this but unsure what lone parent means?
my oldest child is now will be 18 this year going on to university but he does come to mine these days and stays not on a regular basis but odd night/weekend or even week if he feels like it.

OP posts:
Original poster
Wenderrs · 30/04/2022 16:24

Doyoumind · 30/04/2022 16:16

You knew you weren't entitled to housing benefit so I don't understand why you didn't think to clarify when you switched to UC. You could probably have sorted this if you'd been upfront about it.

Didnt the news of people losing their homes during the pandemic reach you? That was because when they lost their income as homeowners then they couldn't get payments towards their housing if they were forced to go on UC.

I’m sorry I don’t mean to be rude but do you think I would of put myself in this position intentionally. when I could of just stayed on tax credits with none of these issues.
I was not sure if I would or would not be entitled to housing benefits in a lockdown.

OP posts:
Theunamedcat · 30/04/2022 16:31

You might be able to get it disregarded because of your child living there at least until they turn 18 but do your research check your facts because chances are your work coach WONT KNOW THIS and you will need to quote the relevant legislation etc to get it resolved

Babyroobs · 30/04/2022 16:32

If you have more than 16k equity in the house you own a half share in you will not be able to claim UC. If it is on the market being sold then it can be disregarded for a short while. Did he have residency of the children or something? Why has it never been sold and your capital released?

Original poster
Wenderrs · 30/04/2022 16:32

Sortilege · 30/04/2022 16:14

Thank you

OP posts:
Babyroobs · 30/04/2022 16:36

Wenderrs · 30/04/2022 16:16

i had noticed this but unsure what lone parent means?
my oldest child is now will be 18 this year going on to university but he does come to mine these days and stays not on a regular basis but odd night/weekend or even week if he feels like it.

Show quote history

Ok so if your child is still dependent then the equity in the house can be disregarded but once he goes to Uni then it would be expected that the house be sold and your share of the capital released ( assuming it's in joint names). Then your UC will end altogether assuming your will have capital over 16k. Your ex will need to buy you out of your share of the property. you don't get to claim benefits indefinitely when you have capital like this. As I said there should not be a problem until your son is no longer classed as a dependent.

Babyroobs · 30/04/2022 16:39

Also not entirely sure how you were getting tax credits all this time - was it working tax credits to top up a low income? You cannot go back to Tax credits.

Original poster
Wenderrs · 30/04/2022 16:44

Babyroobs · 30/04/2022 16:39

Also not entirely sure how you were getting tax credits all this time - was it working tax credits to top up a low income? You cannot go back to Tax credits.

Yes working tax credits and child tax credits

OP posts: