MIL being made homeless

[OMGverywellthankyou]

MIL is early 80s, currently living with her partner. They have never married. She lives in his house and off his income. Throughout the relationship her partner has been financially abusive and controlling and MIL has been unable to escape the co-dependency of their relationship despite offers of help (that’s a whole other very long thread). So this brings me to our current predicament. MIL’s partner has terminal cancer and has been given, at most, months to live. MIL has very little pension -apparently she opted out of full NI contributions when married to her previous husband years ago- no savings and nothing else to her name. She thinks her partners will says she is allowed to live in the house for up to 2 years following his death, then she will be forced out. Although it is likely that she will be forced out asap by her partners children who are named in the will. MIL is not named in the will and will receive nothing at all. MILs only relative living in the UK is DH.
What on earth do we do? We cannot take her in long term as we are 150 miles from her, and have 2 adults and 2 kids in a 2 up 2 down house.
She cannot afford a rental deposit or regular rent. She has no money or means to physically move her things. She has no friends in her area at all to help or take her in (the result of the abusive relationship).
A quick calculation on the age UK website says she will be entitled to £68 a week pension credit. It doesn’t mention housing benefit.
Would she be able to get a council/housing association house and housing benefit? If so how do we do that? Will she have to apply where DH and I live and should we take her in, as we are her only next of kin? What I mean by this is not that we don’t want to take her in, but is she better off staying in the house until they give her some formal notice of being homeless?
Has anyone been through anything similar with an elderly relative? Any advice appreciated, thanks.

I'm glad you've had lots of good advice.

If she is eligible to claim Pension credit guarantee she will get all her rent covered and council tax. The problem is likely to be finding a place in the first place but local authorities often do have over 55's housing available so she should contact her council.

What's her relationship like with his children?

Is it worth you talking to them about how long it would take to get her ready to leave/be evicted in the future?

OP my dad was in sheltered housing and managed fine with pension credit, she should get that hopefully.

If she has any ailments she might also qualify for e.g. attendance allowance, dad had a visit from a local council welfare advice service who helped with the forms and a welfare check.

Your mil will be entitled to pension credit to top up her pension, free council tax and housing benefit

mil can apply for over 55s housing by filling in the relevant forms and stating her long term partner has terminal illness and when he dies she will become homeless
also would be entitled to move to your area and apply at same time under your council

as mil has a son living in the area

hoysing benefit would need to be applied for as soon as a flat or bungalow is bud for successfully

and also apply for pension credit asap when housing is successful

fortunately there isn’t a shortage of money ver 55s places in most areas

see age concern and shelter for further advice

To stand the best chance of being housed (as opposed to B & B) she should apply to her own local authority. Hopefully she can prove she has lived in Kent for many years. So if she has paperwork proving where she lives she should hang on to it. If she applies in your area they can be quite reticent to help, as they will expect Kent to help. I found this out a couple of years ago when my DM's friend was in the same situation (she was also in Kent and tried to move to Bucks to be near her DD).

Yes there is a family connection thing where they can apply in your area.

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

She could apply to both her area and family's I guess?

She will be able to claim housing benefit and can apply for the rent in advance to be paid by Discretionary Housing Payment. If she doesn't have furniture etc then there are charities that will be able to help.
She would be eligible to apply for housing in her local area and also in your area.

If it states in the Will that she can remain for 2 years (granting her a ‘life interest trust’) then his Dc cannot force her out. The house simply does not become theirs to sell until that time is up.

However, she then has the bills and upkeep of a house to cover. How big is the house?

I am assuming she has no joint bank account with him? Any money in a joint bank account is hers after he dies.

How are bills etc being paid? Groceries? How does she have access to any money for day to day living? I would advise her to squirrel away any money she can, change from shopping etc.

In many ways I'm loath to mention it (for some personal reasons) but she could possibly make a claim under the inheritance act if she is not provided for in the will, given she has been a cohabitee for a significant amount of time and been financially supported by him.

The courts might well consider actually giving her the house.

www.footanstey.com/our-insights/articles-news/inheritance-claims-and-the-1975-act/

It could be better practically at that age to go into sheltered housing, my dads had e.g. a wet room and was all on one level.

I suggest that she needs legal advice not only about the will but what provision if any her partner is required to make for her

If she doesn’t have friends etc where she is she shouldn’t probably move close to you. When my mother moved to be near my sibling she applied to local housing association for over 55 and this worked because it was near one of her children, as others have said.

She will need to apply for housing from the local council or a housing association and if her income is low she should entitled to pension credit. You could contact Age UK to see I they have any advice.

@ClicketyClickPlusOne I think she squirrels away what she can from her small income, but has to buy her necessities from this. He gives her money for food shopping and has to see the bill and have the change from her, she can’t get any more as she has no other access to his money. I donmt know the full extent but I suspect he makes her pay for whatever she can so she has no means of escape. I assume she is currently spending hers at the moment as she has been in the hospital with him for a while.
The house is 2 up 2 down. I doubt she could afford the upkeep herself.
I will get DH to discuss a lot of the points here with her tomorrow (he’s at work now) and get her to apply to both councils asap so she is at least on a list somewhere.
I’ll give Age UK a call tomorrow.

My first thoughts are the courts will be reluctant to see her fall onto the state as a burden and there is a strong suggestion of a dependency claim.

We had this with MIL but it’s about 8 or so years back. You can’t take her in or she will not be homeless. Waiting list for council house for older adults were very short back then. I think MIL found somewhere within 6 months. She can apply for council housing either where she is or where you are. She is also entitled to housing benefits and council tax credits, so have a look if private rental is a possibility. DH was MIL guarantor until MIL got her council house.

I mean if she lives with you, she will not be high priority for shelters accommodation. But do check, as that’s what I remembered. That’s why MIL moved into private rental first. We helped with furniture and deposit.

I’m wondering if your MIL - given her age & being so financially dependant on this chap - would have a right to challenge his will? Basically see a solicitor as soon as he dies.

Even if she is not in the Will she may have a claim on the partner's estate as a dependant of her partner. Her claim will be based on the fact that the partner's Will does not make reasonable financial provision for her and she is his cohabitee.

For example, she could ask the court for an order that she have the right to live at the property until her death and the property is then disposed of as per the Will.

With a 20 year relationship, her financial dependence and age, it isn't unreasonable to say she would be able to stay in the property for life or until she needs a care home - unless her partner's children have pressing financial needs. For example, they are disabled or vulnerable.

She needs advice from a STEP solicitor specialising in 1975 Act Inheritance claims.

However, if the council will rehouse her in over 55 accommodation this may be less stress full for her - but she could at least look at both options.

Thanks for all your help everyone. I have contacted our local council homeless team today, left a message and they called me back! The chap I spoke to was so lovely and helpful. He ran through MILs basic options and what benefits she will probably be entitled to (housing benefit, pension credit). He also mentioned a UK wide organisation called Anchor that do sheltered housing for older people, they take housing benefit on all their properties. He even looked on their website for our area whilst we were on the call and they have plenty of options available her, she can also apply on the phone which helps her. He explained about the local council register and how to get onto it and the waiting times, MIL can apply for that in our area too as we are her family link and we have lived here more than 5 years.
DH will call her later and go through what she needs to secure from the house ID, bills in her name, birth certificate, driving licence, precious jewelry etc so she has it all to hand.
It’s fair to say we are all feeling a bit more positive about things knowing she will be entitled to benefits and will not actually be homeless.

I didn’t think you could opt out of paying NI contributions?

I know someone in a similar situation & she was housed by the council. However she’s in quite an unpleasant, damp flat with awful neighbours, so your MiL can’t expect to live in luxury.

I'm glad the council were helpful and they were able to address your concerns.

I meant to write she should probably move closer to you (not shouldn’t!). Glad you’re feeling more positive and like there is a way forward. I would research local housing associations and probably look for ‘extra care’ ie flats where there is someone on site so you can up the care as needs change, which is quite likely. My parent moved to a flat with’extra care’ and activities co ordinator etc , she could drive when she moved in and several years later after a strike ec she could have 4 x a day care in the same place. These are not the same as being on the council list and might come up quicker or might be nicer, at least possibility of more choice if she has applied to a few.