I am so worried

[Louloujasper]

Hi everyone. I’m a bit concerned. Long story short me and my son’s dad split up when I was 3 months pregnant. My child is now 3. He has never moved on and has never got his own place. He has always paid for his child £700-£1000 a month. Me and my son have now been given a section 21 so I have been in touch with the council, they want bank statements which is fine. I work part time, I am in receipt of UC. Would the amount of Child maintenance affect anything? How am I going to prove he doesn’t live with us? Sometimes I pay some of the rent out of the child maintenance if it’s a low month? I feel so poorly with worry feel like just not being here any more. Everything seems to be against me 😭

Your post is a bit confusing. Is he living with you? If so, is he part of your claim?

So you are still living together?

The council ask for the bank statements to do an affordability check, I don’t think they will be interested in whether your ex lives with you or not that would be UC/housing benefit who would check that. The only thing to consider is that I’m not sure if the CMS amount will count towards your income as especially if it’s an enhanced amount it could in theory stop being paid tomorrow, but it may not be an issue at all

Does he live with you?

Surely if its been nearly 3 years since you split, he has evidence to show he lives elsewhere.

Hi OP,

let’s start with the basics. Do you want to continue staying in the property? If so, check if you can defend s21 (this can only be done in v limited circumstances (e.g the landlord did not protect your deposit) and often only delays repossession). Google ‘defend s21’ or speak to CAB or a free law centre.

Assuming you want to move out, I presume you applied to the council to rehouse you. There are certain ‘tests’ you need to pass in order for the council to owe you a duty to rehouse you. As a single mother you would be considered in priority need. If they can ‘prove’ that you are not separated from your ex then you may not be considered in priority need as not vulnerable enough. Even if you still live with your ex, as long as you are separated and a single parent the council should consider you a vulnerable person in priority need.

then there’s the issue of whether you’ve made yourself intentionally homeless (for example if you are being evicted for rent arrears and if the council thinks that you had plenty of money to pay your rent but didn’t budget properly).

Child maintenance does not affect your entitlement to be rehoused under homelessness law (and it doesn’t affect your entitlement to means tested benefits like UC).

Seek advice from FREE organisations (CAB, advice centres) and get 2 opinions - I’ve see a lot of poor advice being given.

Please dont believe everything you read on here as some posters, although kind hearted and wanting to help, wont know the ins and outs of homelessness law

And finally- if you are on benefits and if the council does rehouse you but puts you in private accomodation instead of council housing (this tends to happen in London as not enough social housing), make sure your rent is not higher than the Local Housing Allowance for your area.

You can’t prove he doesn’t live with you if he lives with you. You’ve committed benefit fraud.

You have to declare child maintenance to UC, are you claiming UC as a single person? Your post doesn’t state if you live together?

Op, if your ex does live with you you’ll need to show that you are indeed separated (ie you don’t share meals together, you don’t go on holiday together, you don’t share finances etc).
The rules re claiming benefits (whilst single versus in a couple) and entitlement to homelessness assistance are different things. The council’s homelessness team are unlikely to ask much about the amount of child maintenance you receive from your ex. All they’ll care about is whether you are single and in priority need or in a couple with someone who can afford to find private accomodation for you).

If he does live there with you, Its also ok if some of the money he pays you is towards his share of bills - assuming these are all in your name.

No he doesn’t live with me. He has a van and lives freely on the days he doesn’t see our son, that’s why I said how will I prove he don’t live with me? The child maintenance is genuine, I am not committing benefit fraud. I just use the child maintenance for different things different month, for my child. Im just worried they will see this on my bank statement and think I’m committing fraud which I then have to go under investigation. The landlord won’t reason with me for us to stay unfortunately.

OP why are you worried about child maintenance?

It reads as though you don’t think you’re spending it on the “right” things but there are no rules on what it can be spent on. It’s fine to use it to top up your rent on the home your child lives in.

You’re entitled to child maintenance and can spend it how you please, it doesn’t affect your UC.

Does any of his bills come to your address?

Child maintenance has no impact on your UC or your entitlement to housing under homelessness law. So stop worrying about that. Plus, your application for homelessness has nothing to do with your benefits entitlement.

whether or not you currently live with your ex also has no relevance to your homelessness application. Even if you were together until the day before you made a homelessness application, as long as your intention is to move alone with your DC then that’s what the council should consider. They shouldn’t ask you to prove that you are not living together.

It would be a different story if the DWP were to ask you to prove that you were single and living alone as you are claiming UC as a single person so you’d need to show that you are indeed single. But it’s not the DWP you’re applying for housing from but the local council.

So stop panicking as otherwise you’ll start sounding suspicious and as if you have something to hide

Op, the point I’m trying to make is that even if you are a couple you could still both apply as homeless, but you’re less likely to be considered vulnerable and in ‘priority need’ if you’re in a couple vs single person with small children

https://england.shelter.org.uk/housing_advice/homelessness/priority_need

You don't need to worry re homeless application or child maintenance but I think you are worrying because you know that this seems suspicious so you don't want the council asking about it.

What does living freely in his van mean? Where is his base such as for showering, mail etc. If he is giving you up to £1000 a month it doesn't appear that he is short of money so why hasn't he moved into his own place in over 3 years. I think you're rightly concerned but not about the housing application.