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Just been told that won't be getting any UC

35 replies

AlwaysTheOneWaiting · 14/07/2024 09:33

I have separated from my husband and moving to a rental in a few weeks. He stays in the family home which is owned with a mortgage. He has severe health issues and is only able to work part-time. Based on the entitled to website he should be eligible to ~£1500 in UC and other benefits. However he has just seen that he will get paid £0 this month. So confused and feeling a bit panicky, don't understand how he's not getting anything?? What should he do?
I'm not familiar with the system, is there anywhere he can get help with the application?

OP posts:
Bromptotoo · 14/07/2024 09:39

Is your husband over 25 and is he caring for any children?

Have you made a joint claim for UC? If you're separated and there's no evidence of family life then a single claim is possible even if, by force of circumstance, you're living under the same roof.

What does the statement say in terms of Allowances/Elements in the award?

AlwaysTheOneWaiting · 14/07/2024 09:46

Thanks for the response.
He's in his 40s, two kids. We have separated, have separate ban accounts, food etc now. I have been looking for a rental for a while and finally found one, not signed the contract yet though.
I thought he was able to apply already even though I still live here.
I haven't seen the details, he just told me he's not getting anything.
Really confused about the whole thing.

OP posts:
NoSquirrels · 14/07/2024 09:58

If you haven’t seen the details you can’t help him.

FlemCandango · 14/07/2024 10:16

Sorry op. There is not enough information to be able to answer specifically why your ex's UC claim is £0.

Generally though UC has elements so for a single person over 25 with 2 children:
Standard allowance £393.45
First child £333.33
Second child £287.92
= £1014.70
No housing element as mortgaged property.

Then from that initial total you have monthly earnings deducted from the total UC at 55p/ £1 earned (but only the earnings over the work allowance of £676.00 for being a parent and not claiming the housing element).

Is this a new UC claim? Did you have a joint claim before you separated? Has he been paid more than once in the relevant assessment period?

If he has health issues has a fit note been provided? He will need a work capability assessment before he can claim extra element of UC related to his work capability. LCW or LCW&WRA are the 2 potential outcomes only the second comes with extra money on UC. The LCW&WRA element is only paid after the 3rd month on a UC claim.

If he needs help understanding his UC get him to call the help to claim service from Citizens Advice (if it is a new claim).

www.citizensadvice.org.uk/about-us/contact-us/contact-us/help-to-claim/

If it is not a new claim he can speak to his local citizens advice.

He will need to look at the UC statement showing his award and deductions as that will explain the issue. If there has been a mistake then he can ask for a mandatory reconsideration (MR) which will start an appeal process with the DWP.

www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/

DumbassHamsterSitterPerson · 14/07/2024 10:18

Are the children staying with him?

AlwaysTheOneWaiting · 14/07/2024 10:23

I will try and see his application.
It's a new claim, I earn too much to be entitled to anything, have only ever received the child benefit and because of my income he has never claimed anything.
The children will split their time between us when I move out.

OP posts:
Lilly11a · 14/07/2024 10:25

I m guessing if the child benefit is in your name this may be causing the issue.

liveforsummer · 14/07/2024 10:26

If you receive the child benefit then the dc will be deemed as living with you - that's how they cross check the existence of dc. This will be a single claim and not rent element so does sound unlikely he'll get much

AlwaysTheOneWaiting · 14/07/2024 10:33

I cancelled the child benefit and he applied for it, but only recently. Looks like the children have not been taken into account, it only list the standard allowance of £393, but the deductions are just over £400 due to his income.

OP posts:
BobbyBiscuits · 14/07/2024 10:40

Yeah, it's BC the kids are classed as with you. I guess his claim for CB has to be approved before it goes into his UC. So if the only thing missing is the CB could you not just hand it over to him till his claim is sorted?

KidneyNeeded · 14/07/2024 10:43

Its more than likely because you are still living there???

Scarletttulips · 14/07/2024 10:43

As you have signed over the child benefit they he will be considered the resident parent.

Im not sure that was the best idea. You should apply of one each.

DullFanFiction · 14/07/2024 10:53

If he has severe health issues, has he looked at all the other possibilities re benefits?

Aka PIP, ESA, LWCRA? You can work up to 16 (18 now?) hours per week on ESA.

GoingDownLikeBHS · 14/07/2024 10:59

There are lots of Facebook groups where people help with your calculations but there’s a lot to unpack here - you say he works? Why did either of you think he’d get £1500? If he moved out and rented he could get the housing element but if he’s paying the mortgage what money did he intend to use to pay it?

GoingDownLikeBHS · 14/07/2024 11:00

Should have asked does he get PIP too?

DullFanFiction · 14/07/2024 11:03

@GoingDownLikeBHS read the OP.

They used a calculator that gave them that figure. If you have no experience of UC, you’d have no issue thinking the amount is right.

Bromptotoo · 14/07/2024 11:09

I'm thinking that if the system sees the kids as your responsibility then he'll only get the Standard Allowance (SA) and, as no kids on the claim, no work allowance (earnings you keep before affecting benefit) so wages will taper the SA down pretty quickly.

Bromptotoo · 14/07/2024 11:11

DullFanFiction · 14/07/2024 11:03

@GoingDownLikeBHS read the OP.

They used a calculator that gave them that figure. If you have no experience of UC, you’d have no issue thinking the amount is right.

Calculators are only as good as the info you put in and if you start from a position of not knowing how UC works it's easy to be led up the garden path.

As others have said a conversation with Help to Claim would be good.

wutheringkites · 14/07/2024 11:16

Is he self employed?

Cornflakelover · 14/07/2024 12:10

If you check redddit
there are some dwp / benefit subs where the mods work for UC - DWP and are incredibly helpful

Carebearsonmybed · 14/07/2024 12:19

They will think you are committing fraud. (You might be even if not aware)

You will be classed as a couple as you are married, living together and share children. Lots of married couples have separate bank accounts & finances but the DWP still treats them as having fully shared income & expenditure.

If they think you have changed CB to his name but he isn't the primary carer they will investigate fraud. You intend to only see your DCs a minority of the time?

Most women remain as resident parents after separation. You will be chased for child maintenance if you leave without them.

UC won't pay the mortgage. Why are you not remaining there and paying the mortgage and have him leave and rent?

His part time earnings may well be seen as enough for his personal expenses so he may not be eligible for any UC.

Unless he gets disability benefits he will be expected to life off under £100pwk (excluding housing costs).

stickthewellyin · 14/07/2024 12:26

Why is he not moving out? If you are the main earner then surely you get the house to pay the mortgage. Why are the children not staying with you? You sound like the more secure parent.

Bromptotoo · 14/07/2024 12:37

@Carebearsonmybed that, with respect, is bad advice about fraud.

It's quite possible for a estranged married couple who are living under the same roof to be treated as one or two singles for UC purposes. DWP guidance refers to people living together as a married couple (LTAMC), it does not differentiate between marriage and living together.

If the OP's husband has been able to show UC that they live as two households, children or not, that's good enough.

EDIT: @AlwaysTheOneWaiting Are the children staying with their Father when you move out?

liveforsummer · 14/07/2024 12:48

Once the child benefit is in his name he can update and get the child elements on his claim however is not the best choice for him to remain in the house. If he was to rent he'd get housing costs. This way he's going to have to pay the mortgage, or his share, himself!

Bromptotoo · 14/07/2024 12:53

It's not uncommon for fathers who have left the family home to go on paying the mortgage while the partner stays there with the kids. Maybe the OP is doing that the other way and leaving the father with their kids?