universal credit advice

[notreadyandable]

hi all. I'm hoping some of you mumsnetters can help me. mine is a long and boring tale but...here goes.
I need to make a claim for universal credit as I have recently got a new job. I am currently on wtc/ctc but I know that this needs to change.
now here is the problem. I currently get around £500 per month from the inland revenue. no housing benefit. when I put my circumstances into the entitled to calculator I am entitled to 0. its because I am named on a mortgage with my ex. the house is classed as an asset.
I went to the citizens advice for some help last week as my circumstances are really more complicated than that. But I think he just went into the back office and used the entitled to checker to be fair and he just parroted the above really.
My ex was/is incredibly abusive, violence is documented in all of the usual places, police, social services, GP, women's aid etc.
I left with our children 8 years ago and moved into rented accommodation, I left everything apart from clothes and toys, when I say clothes I mean the kids stuff, he burnt all of mine (just to give you an idea of what I'm dealing with).
women's aid helped me find a house for us all, sorted out court orders, non mol etc. but couldn't help me with joint debts or the house (no more legal aid). I was advised that it could cost 10k plus to force him to sell the house or buy me out, I had at that point sunk 30k of an inheritance into it, I just wanted that back and I made that clear to him (I definitley did not want to stay there). His solution is for me to just give him the house and forget all about the money that I have personally spent (the 30k doesn't include all of the debt that I have paid off alone).
When I put my details in to the calculator without that house listed I am entitled to over 1000 per month.
Are there any universal credit pros out there who can help me navigate this, I really don't have any access to this asset, I can't live there, I make no income from it, I really cant do anything with it. Other than hope I outlive him.

I feel completely trapped again, almost like the government and their stupid black and white tick box system are helping him to continue to abuse me.
Friends and family are divided in opinion some say just don't put it on the form, others say be honest.
If I apply and get rejected is there an appeals process where i can explain my situation to a person and hopefully get the benefit or is it a case of we said 0 we meant 0.
To be clear he is still abusive, I get death threats sent to me via watsapp every now and again (i have reported to police but they are honestly worse than useless).
I have tried to include everything here but any questions....feel free....
Oh, just to add I never married the bastard, I sometimes wish I had, then we could just divorce and be done.
Thanks in advance.

Changing jobs is not a change that would make you change to UC.
But to answer your question, if you have a property that you do not live in and your equity is more than 16k then that would rule you out of claiming UC.
When you do need to switch to UC ( everyone on just tax credits will be switched before 2024), then you should definitely declare it. Do not listen to family who say not to declare it as this could get you done for benefit fraud. If you have equity in another property you need to declare this, explain the situation and it would go to a decision maker as to whether it is classed as capital. however, for now getting a new job does not mean you have to claim UC, so I hope this reassures you.

Hi @Babyroobs thanks for the response.
So your saying if I call the inland revenue and tell them I've changed jobs I can stay on tax credits? That would be my ideal.
I have been under the impression that as soon as anything changes you have to move over.
I don't want to be dishonest in any way (my new employer demands a spotless record aside from anything else) but I cannot do anything about that property.

You must declare any assets and there is a growing team of UC agents reviewing claims for undeclared capital. You could end up with a massive overpayment, or even prosecution.

@BronnauMawrion yes I appreciate that. However I'm in this situation because of domestic violence. As I said I cannot do anything about it.
Even if I had the money to take him through court to force the sale I would be living under a death sentence. He has repeatedly threatened to kill me. What I really want to know is there anyway I could declare it and still have a claim, I mean can I explain to a person my individual circumstances.
What would happen if I simply lost job and had to claim unemployment benefits, just no sorry you can't claim anything you own a house, I don't even want the housing element (which is most of it) I just don't want to be worse of than I am.

On UC you would declare the capital and it would go to a decision maker to see if can be disregarded. It can be disregarded for a period of time if for example the house is on the market to be sold but I'm not aware of other circumstances although they may exist. You have been able to claim tax credits whilst having this capital because capital for tax credits is treated differently. How much is the equity ? Is the house in joint names presumably ?

If you lost your job you would still be able to claim JSA Contributions which is not means tested. This would not include any money for the children though.

It is likely if you claimed UC and provided all the evidence about the DV and your attempts to get access to the equity in the joint property that a DM would allow it for a period of time - maybe 6 months. However you would be expected to provide evidence of all the reasonable attempts that have been made to sell the property. If you then did nothing then when the DM decision is reviewed your claim could be closed due to notional capital. If you provide evidence of all attempts to realise the capital and still have no access then a DM may extend the period where UC can be claimed. It would be continuously reviewed though.

You really need to get some up to date legal advice.

Isn't there an exemption for how much legal aid you are entitled to when domestic abuse and children are involved? It would be best to get some professional advice if you can OP. I know everyone suggests citizens advice but unfortunately I have always found them to be not very knowledgeable. Can woman's aid put you in touch with a benefits advisor? When I had to apply to UC for health problems the counselor I was seeing at the time referred me to a benefits advisor, and he was actually quite helpful. Or maybe speak to your GP and explain the stress it is causing you, they might be able to give you contact details of where to go for advice, or write a supporting letter to the UC people.

Thanks for all of your responses. I've come to realise that in trying to better our situation I've royally fucked us all over.
I honestly will have to wait for that horrible man to die before I can access anything to do with that house or just give it to him and forget about my 30k.
I can't make any attempt to sell it. I can't afford to drag him through court. Even if I could if he loses his house he will come after me and kill me.
Thanks all.

OP, if you ignore the the value of the former home, would you be better off on Universal Credit than on Tax Credits?

Hi @Bromptotoo sorry I've only just seen your reply. Yes without the 'asset' I'm entitled to over 1000. This is mainly made up of the housing element (my rent is ridiculous but I've always managed without housing benefit).

Do any children, for example from previous or subsequent relationships live in the house with your ex?

I would talk to shelter, they are the specialists.

Just signing it over would be a, I can't remember the proper term but it means getting rid of assets.

Have you severed the tenancy?

Is your ex paying the mortgage?

If the answer to the question above is yes it can be disregarded while the children are minors amd living there.

I think however the answer will be no. In that case the issue is not so much around disregards - though they may be helpful in 'buying time' for 6 months or so.

The real issue I think is the value of the OP's interest in a property occupied by someone who is not only unwilling to sell but has a documented history of violence etc. There is a market for interest in property that cannot be occupied or sold immediately and there are Estate Agents who will value and sell such interests, usually at auction and to buyers with ready cash.

Would such a buyer speculate a sum in excess of £16k against a the prospect of waiting, potentially, for your ex to die? In that circumstance I'd say no they would not; the value may be more than £1 but not as much as £16k, or even £6k so far as tariff income is concerned.

The link below discusses the issues, both legal and practical, in dealing with such a case:

https://www.rightsnet.org.uk/forums/viewthread/18556/#87922

There are links within that thread and the one the link takes you to that cover similar ground.

If Citizens Advice said tough luck you'll get nowt then I think the adviser you spoke to didn't explore your circumstances fully or was unaware of how these issues have been seen by Commissioners/Upper Tribunals.

However be aware that there is a risk for somebody in your position.

Once you claim UC your tax credits stop with no way back. UC is like a lobster pot; once you're in it there's no way out. While you may ultimately be able to show UC it's likely to take time to actually get a decision and it's possible you may have to go down the route of appealing to a Tribunal to get it. If you claim make it crystal clear that you're saying your share has little or no value.

HTH

Simon

What @sashh says about severing any joint tenancy is important; I meant to ask and forgot.

I'd also agree that Shelter are good for this stuff.

Do you have proof of the amount you put in? If you are on the mortgage, are you also on the deeds? Were you married or co-habiting? If you need to remove yourself from the mortgage etc you can register a beneficial interest against the property with Land Registration. Shelter can advise you on this.

I was in a not dissimilar situation to yours in that my abusive exH dug his heels in through the divorce process and financial settlement. The house was sold, but the proceeds could not be distributed until the financial settlement was reached. It was over £100k and remained in the solicitor's client account for over two years. I was signed off long term sick due to the abuse and my UC application was approved as I had no mechanism to access the funds. Once the settlement was reached and i could access the funds, I closed my claim as I no longer met the criteria.