Uc and children's savings

[An0n1]

My other half and I recently split and as a result I'm now homeless with a toddler until our house sells and I'm hopefully able to purchase another. Family have been great and we're staying with them and they've not been charging me anything but asked me to save as much as i can to get back on my feet. I'm currently in receipt of uc just for childcare costs and at present stbxh is paying maintenance for ds but I can't rely on this as I know he'll lose his job soon (due to the reason why we split) and I've been trying to save any and all money he currently gives me in an account for ds because I know that its only a matter of time before he's contributing nothing and when I do get housed things will be very tight so i want to have something set aside that i can use for ds if I'm struggling. He doesn't see ds at all. I work full time and I'm high up in my sector but it's not a well paid sector so my wage is very average. Getting the childcare element of uc entitles me to legal aid. If I had to pay these costs myself I'm guessing I'd probably walk away with nothing as we don't have that much in equity. My solicitor isn't able to give me any indication of how much my legal fees will be which is worrying. Rental fees in this area are so high that it would be more sustainable for me long term to buy as the repayments would be half the cost as rent plus is obviously more security for ds.

My question is, I know I can't have more than 6k in savings and still claim uc, but will they take into account money I've been able to put away for ds? I've managed to save a few thousand between ds savings pot and a house savings pot, I'm not that close to the 6k mark yet but I just want to make sure I'm keeping myself right.

My solicitor is good but expensive, but the reasons we separated are to do with stbxh criminal behaviour around other children so it's really, really important to me that I retain the legal aid as I'm scared that he could end up on benefits and be entitled to it and be in a better legal position than me as a result if I were to lose mine. I'd never afford my current solicitor without the legal aid. Any advice would be helpful it's all been a lot to process.

Sorry this is all so confusing.

So there's a joint account with some money in which I guess is owned by both of us but will be divided between us. Then there is a joint savings account for my son which technically we could access but neither of us would because the money has always been for long term savings for ds.

When we split I started using my own account for saving and created a separate account for my own savings for ds.

All in it probably is hitting 6k but it won't all be my money if that makes sense as some will go to my ex?

I would imagine you need to declare it all. Then ask for money to be disregarded if it isn't yours (money in joint account which is to be split on divorce finalisation etc). You would have to show that you hadn't been able to access the money though. If the savings are in your name they are your money, and you said in your OP that you would use them if necessary, so they shouldn't be disregarded. You would still be entitled to claim UC, but the savings would mean a certain amount would be taken off the award, if that makes sense? Others have probably explained it better.
I hope you manage to get something sorted, separating is always stressful especially when you don't know your financial situation.

If it's in an junior ISA in DS's name it isn't counted, but then it can only be withdrawn by him after 18. If it's accessible to you then it's included in the £6k limit. Would it be possible to buy forward and get the next few sizes of cloths or household items that you will need, so you save money not buying it in the future.

As above, you need to declare it all and then as UC to consider what disregards etc might apply.

If you can show the money for your son, irrespective of whose name it is in, is beneficially his it should be disregarded. While putting it in an ISA in his sole name and locking it away until he's 18 is probably bomb proof in that regard I don't believe it's the only way. It would be perfectly reasonable to take money from a child's savings for their sole use/benefit well before they attain majority - think teenagers and concerts as an example.

I suspect that money held jointly with your soon to be ex will, absent any strong indication to the contrary like a settlement, be seen as 50/50.

Ideally I would buy forward but as I'm staying with relatives at the minute I'm very conscious of how much stuff we already have in their space so I don't really want to add to that incase it puts them out. Thanks everyone for all the advice I really appreciate it!