Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

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:
Babyroobs · 30/04/2022 16:45

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?

Why would he pay rent ? Op's child lives in the property ? Maybe op is paying him child maintenance?

Babyroobs · 30/04/2022 16:47

All you can do is be honest. You shouldn't have to pay back any UC rent element if you can prove that the house couldn't be sold as your son is still dependent and living there. However you should have reported the ownership of the home at the time you applied for UC. you need to have discussions asap with your ex over selling the home once your son is no longer dependent.

Babyroobs · 30/04/2022 16:50

Wenderrs · 30/04/2022 16:44

Yes working tax credits and child tax credits

Show quote history

Do you have other younger children then also?

TooManyPJs · 30/04/2022 16:51

Lone parent is not defined in the legislation and to my knowledge there's been no case law defining it. When I have sought a view on this point the thinking is that a lone parent is likely to be defined in broadly same way as the eligibility for the child element. So the child "normally resides" with the parent and that parent has the "main responsibility" ie they are the primary carer.

TooManyPJs · 30/04/2022 16:53

@Wenderrs Sorry meant to tag you in my post above which is responding to your question to me...

Original poster
Wenderrs · 30/04/2022 16:54

Babyroobs · 30/04/2022 16:47

All you can do is be honest. You shouldn't have to pay back any UC rent element if you can prove that the house couldn't be sold as your son is still dependent and living there. However you should have reported the ownership of the home at the time you applied for UC. you need to have discussions asap with your ex over selling the home once your son is no longer dependent.

Yes it’s become very quickly apparent that our situation is changing fast and is out with my control.
the worry has been unbearable, thank you for your help.

OP posts:
Original poster
Wenderrs · 30/04/2022 16:55

Babyroobs · 30/04/2022 16:50

Do you have other younger children then also?

Show quote history

Yes I have 3 children

OP posts:
TooManyPJs · 30/04/2022 17:01

@Wenderrs The situation is not (necessarily) out of your control.

You just need to read though the information I've linked to above and make your case if you think you have grounds for the value to be disregarded. Don't leave it up to DWP, tell them why it should be disregarded. If they decline to disregard then you can challenge that decision (MR and then appeal).

If the value of the property can't be disregarded (which is unlikely if one of your children lives with your ex), then the whole amount of UC you've received would have to be repaid not just the housing element. However you are not at that point yet. Try to stay calm. Read through the information and draft your case as to why it should be disregarded. If you don't think you can manage that yourself contact Citizens Advice (or other organisation offering benefits advice) and ask for support with drafting it.

Original poster
Wenderrs · 30/04/2022 17:10

TooManyPJs · 30/04/2022 17:01

@Wenderrs The situation is not (necessarily) out of your control.

You just need to read though the information I've linked to above and make your case if you think you have grounds for the value to be disregarded. Don't leave it up to DWP, tell them why it should be disregarded. If they decline to disregard then you can challenge that decision (MR and then appeal).

If the value of the property can't be disregarded (which is unlikely if one of your children lives with your ex), then the whole amount of UC you've received would have to be repaid not just the housing element. However you are not at that point yet. Try to stay calm. Read through the information and draft your case as to why it should be disregarded. If you don't think you can manage that yourself contact Citizens Advice (or other organisation offering benefits advice) and ask for support with drafting it.

@TooManyPJs
thank you for your help, it really has helped on what to do and where to start sorting this. I think I shall seek outside advice as looking at the document I will need help with the understanding and making a case.
appreciate your time and valuable input.

OP posts:
Original poster
Wenderrs · 30/04/2022 17:29

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.

Thank you

OP posts:
Feckingfeck · 30/04/2022 17:41

But if keeping the house has meant you are not entitled to housing benefit surely your ex should pay half of your rent or half of what housing benefit would have been.

Original poster
Wenderrs · 30/04/2022 18:00

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 I will seek legal advice as I don’t understand it all

OP posts:
Original poster
Wenderrs · 30/04/2022 18:05

Feckingfeck · 30/04/2022 17:41

But if keeping the house has meant you are not entitled to housing benefit surely your ex should pay half of your rent or half of what housing benefit would have been.

Had never thought of it before that he could/should pay up for rent.
I would not have applied or change anything if it were not for lockdown

OP posts:
Jessbow · 30/04/2022 18:28

Howwere you able to clai child tax credit if th children dont live with you?

Original poster
Wenderrs · 30/04/2022 18:31

Babyroobs · 30/04/2022 16:47

All you can do is be honest. You shouldn't have to pay back any UC rent element if you can prove that the house couldn't be sold as your son is still dependent and living there. However you should have reported the ownership of the home at the time you applied for UC. you need to have discussions asap with your ex over selling the home once your son is no longer dependent.

The council was told at the time of housing me 2017 that my son will not be moving with me. I don’t know if this was documented

OP posts:
Original poster
Wenderrs · 30/04/2022 18:44

Floofyfoofy · 30/04/2022 15:34

I don’t understand why you would have gotten a council flat when as far as they know you have a house.

You haven’t paid any rent/mortgage since 2017?

Skimmed past page on form…yeah.

@Floofyfoofy i understand how it can look like that.
i have always declared property since I left in 2017, I am human, and do make mistakes.
coukd not get through to UC at time, worry monies, and covid all added stress. I don’t do well with stress having had two previous breakdowns.
I genuinely asked work coach about when it was stopping, as I genuinely had no idea it was not declared.

OP posts:
Original poster
Wenderrs · 30/04/2022 18:46

Jessbow · 30/04/2022 18:28

Howwere you able to clai child tax credit if th children dont live with you?

@Jessbow
two of them do.

OP posts:
Bagadverts · 30/04/2022 18:54

The council was told at the time of housing me 2017 that my son will not be moving with me. I don’t know if this was documented

A letter might be something. However you will need to show that he actually did live with ex. That could be things like school letters or GP stuff to that address. The Council is not the organisation you are dealing with- UC is paid by DWP.

if they have already decided that you have been overpaid you have one month to challenge Mandatory reconsideration and then one month toAppeal

MissMaple82 · 30/04/2022 18:55

No you can't move back over and really it's your own fault for "skimming past" !!

Original poster
Wenderrs · 30/04/2022 19:34

Bagadverts · 30/04/2022 18:54

The council was told at the time of housing me 2017 that my son will not be moving with me. I don’t know if this was documented

A letter might be something. However you will need to show that he actually did live with ex. That could be things like school letters or GP stuff to that address. The Council is not the organisation you are dealing with- UC is paid by DWP.

if they have already decided that you have been overpaid you have one month to challenge Mandatory reconsideration and then one month toAppeal

@Bagadverts
yes his address has never been changed for anything, as that is where he resides, so that will be easy enough. Thank you

OP posts:
Original poster
Wenderrs · 30/04/2022 19:35

MissMaple82 · 30/04/2022 18:55

No you can't move back over and really it's your own fault for "skimming past" !!

@MissMaple82 thank you yes, i do know it’s my own doing.

OP posts:
Lostinmumming · 30/04/2022 19:45

I know this isn’t the purpose of your post, just wanted to add that when you push to sell please make sure you get the full amount you’re due! Talk to a solicitor, but I would expect you to get something like:
house valuation in 2017 - outstanding mortgage at that time then divide the answer by 2. Calculate what % that number is of the full 2017 valuation. Get house valued now and you should get your % of the current value.
if that makes sense?

Original poster
Wenderrs · 30/04/2022 19:56

Lostinmumming · 30/04/2022 19:45

I know this isn’t the purpose of your post, just wanted to add that when you push to sell please make sure you get the full amount you’re due! Talk to a solicitor, but I would expect you to get something like:
house valuation in 2017 - outstanding mortgage at that time then divide the answer by 2. Calculate what % that number is of the full 2017 valuation. Get house valued now and you should get your % of the current value.
if that makes sense?

@Lostinmumming yes we had valuation done in 2017 that is where my investment ends.
I have not contributed to home since.

OP posts:
Darbs76 · 30/04/2022 20:19

For housing benefit or UC you can’t own property and claim, so pandemic or not surely the same rules apply?

Original poster
Wenderrs · 30/04/2022 20:21

OhLordyWhatNow · 30/04/2022 15:45

Your equity is tied up and you don't have access to it until the house is sold?

Capital over £16,000 would mean you would not be eligible for UC, anything over £6,000 will be taken into account on a tapering basis.

Are you running separate households? Are you officially separated/ divorced?

We are officially separated. Capital would be over £16,000 so I would not be entitled to anything

OP posts: