Have lost ALL of my Universal Credit Award now partner moved in

[Fedupofthestruggle]

I have lived on my own with my disabled son for 18 months and had universal credit awarded including disabled element and carer element. I am his sole carer.

My partner has now moved in and we told universal credit. They of course needed to know his salary and any assets. He owns a flat (tiny, so we couldn't move in as there's no space for a family and disabled child). Universal credit have said since it's worth over 16k we no longer are able to receive any money.

However my question is shouldn't I still receive carers and disabled element since I can't work to look after my son? I will go back to universal credit to confirm if this is correct but wanted advice from anyone in similar position. Thanks very much.

I remember someone at senior school whose parents pretend to split up to get benefits! Her dad changed his legal address to his parents'. There is always a percentage that defraud the system, whatever that system happens to be!

My understanding is that if you own property but do not profit from it, then it doesn't count as capital from a UC point of view.
If it was rented out for the exact amount of the mortgage payment then you may still get UC on your joint claim (depending on DP's salary and any other savings)

How would this be fraud? Lots of couples co-habit without being financially responsible for one another. Sounds more the the poor OP is being punished for wanting a romantic relationship, given that she can’t earn enough money while looking after her disabled son.

That not correct. Second properties generally count as capital unless they meet an exemption.

@NotVeryFunny
Do you know what would the exemptions be?
Perhaps the OP might meet the criteria?

If are getting someone to share your costs surely you cannot still be entitled to UC?

That's not the case.

If you own a home other than the one you live it it counts as Capital at its market value less any o/s mortgage and an allowance for the costs of sale.

Of course you can.

UC starts by working out what the law says you need to live on.

If your income, including earnings after Work Allowance and taper, is less than that you can get UC.

How much does your partner earn ?
He may earn too much, so your UC would be zero.

If he lives with you ( you are seen by DWP as a couple)
How will he pay for you to live together & pay for the mortgage on his flat ?

He can rent out his flat

He can sell his flat

Completely wrong. Ignore this, OP (and anyone else reading).

No, that's wrong. UC eligibility is based on household income so, obviously, when OP's DP moved in her household income increased by everything he brought with him (i.e. capital, savings and earned income). With co-habiting couples, a UC claim is always a joint claim. For means-tested benefits, the household can have capital and/or savings up to £6k without it affecting the UC claim. Between £6k and £16k, the payment is reduced by £4.35 for every £250 between £6k and £16k. There is no eligibility for means-tested benefits when capital and savings exceed £16k so, obviously, with OP's DP owning a property, this limit is exceeded. Even if he sells his flat, he will have its value in savings, so the household will still exceed the £16k limit. As a couple, their household savings will need to drop below £16k before they can make a new joint claim for UC.

@AnotherEmma as another poster said there are exceptions to this.
My DH 'technically' owns a property but we are still entitled to some UC on our joint claim.
UC fully aware of this.

I'm well aware there are exceptions but you have misunderstood the rules and have not explained them correctly. If you look at the entitledto link I shared in an earlier post you will find a list of the exceptions.

Why do so many people on here believe that OP's DP selling his flat solves the problem? It won't. He will still have more than £16k in capital and/or savings, so they will still be ineligible to claim UC as it's a means-tested benefit.

If you have a partner that owns a flat he can rent out and is in full time employment ready to pay your rent then why do you expect to still get UC?

It is rightly means tested and it sounds like the outcome is reasonable based on your new circumstances.

Partner sounds awesome!

Living together but claiming not to, in order to claim benefits?
You don't see how that's fraudulent?

It's absolutely fraud! UC is based on household income. When OP was living alone her household income was low enough for her to be eligible for UC. As part of her claimant commitment, she is required to notify the DWP of any change of circumstance. Co-habiting couples have to make a joint claim whereby OP's DP's finances are considered as part of the household income. So, when her DP moved in, OP was required to declare this change of circumstance to the DWP and they had to make a joint UC claim - with her DP's income plus capital (his flat) and any savings, the household income is now too great for them to be eligible for UC. If OP failed to notify the DWP of this change, she could have been prosecuted for benefit fraud.

Yes, but they will have the money from it to spend! He probably won't particularly love running down the capital until they are eligible for UC again but that is exactly what the system says they should do, i.e. use their own money to subsidise themselves rather than UC.

I wasn’t suggesting that selling his flat would solve the problem as probably then would have money from the sale which then means they wouldn’t still be entitled to universal credit until that money runs out. I only hope that he does continue to support her especially financially.

@ForWorthyTiger lots of couples do indeed cohabit without being responsible for each financially but if claiming UC and cohabiting then their are limits, otherwise every SAH non earning parent with low savings would simply go ahead and claim ' they were not responsible for their husband/partner and vice versa. And an awful lot in this position who do cohabit and don't mingle finances aren't claiming off the public purse- in which case you can arrange your finances however you like- and yes there are those who are economical with the truth too - but it is fraud .

Not completely sure but I think they may only disregard capital from a property sale if you're planning to use it to buy another property

Look at the Universal Credit Regs Schedule 10, property may be disregarded if reasonable steps are being taken to dispose of it and those steps started within the last six months. Don’t know what your partner’s income is, so you still might not qualify. The carer’s and disabled elements to UC are premiums, essentially increasing your appropriate amount, which is the amount the government says someone with your circumstances needs to live on.

I’d suggest speaking to CAB who can make sure you’re getting all the benefits you’re entitled to as a family. Good luck Op.

@Fedupofthestruggle if the flat didn't exist,Would you then be entitled to UC as a joint claim?
I'm not sure what the salary limits are but it might be worth looking into.
As a previous poster said it won't solve the problem instantly but once the sale income from the flat has dwindled then you guys might then be entitled to UC (if DP salary is low enough to qualify)

If he may be earning significantly more in the near future it may be worth hanging on to the flat for rental income.

I'm not Fedup, you mistook me for someone else when quoting my post.

The point is that the OP is taking a risk by becoming dependent on this man that she doesn't take if they live apart. She's hoping that he is and will stay one of the good ones. Given that abusers often conceal their abusiveness until after the woman has agreed to move in, she can't assume that he will remain safe and supportive.