Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Original poster

UC want all my money back…

577 replies

MapleHazelLatte · 19/09/2025 08:11

I applied for UC when I separated from DC’s father 3 years ago. I have since been living with my parents and he stayed in the house we bought together. I’ve been asking him to take my name of the mortgage to give me my share but he just has been dragging his heels about it. I applied for UC when we split up.

i then got a notification to say I was having a review phone call. Apparently someone had accused me of still being with DC’s father. I had to send all my bank statements for the last 3 years and fill out forms regarding the house. Originally I vaguely remember they did say they would disregard the house for 6 months then I heard no more.

a couple of months later I was told I had been overpaid but it was only slightly and a manageable amount to pay back.

I’ve not got another letter saying I shouldn’t have got UC since 2022 and they want ALL the money back other than the first 6 months. It’s “disallowed” I’ve worked this out to be around £30k. I have no idea what I’m going to do. Anyone else been in this situation ??

OP posts:
KilkennyCats · 19/09/2025 14:03

SirHumphreyRocks · 19/09/2025 14:01

Actually there kind of is, although it wouldn't apply anyway. There are actually several pieces of legislation that can apply to make most debt irrecoverable.

Unfortunately not one of them apply to benefits payments, and the DWP / government departments don't have to rely on them because they have a double whammy. Beyond the law as it applies to anyone else, they don't even have to take you to court for the debt - they simply deduct it from any future payments that you may be entitled to including your statutory pension.

Show quote history

Money paid in error isn’t really “debt” in the usual sense.

SirHumphreyRocks · 19/09/2025 14:07

Blushingm · 19/09/2025 13:42

But I assume he’s paying the full mortgage on the jointly owned house? So he’s paying something - if he’s paying mortgage it means she’s not paying her half

Show quote history

Albeit with agreement, this happened to my friend. She split up with her husband (so she was fortunately married) and although it was her who stayed in the house, he didn't pay towards the mortgage because he couldn't afford it (he did pay maintenance etc though). But since she covered the full mortgage when it comes to a sale (or the end of the mortgage) what he hasn't paid is totted up and deducted from his share of the value. It was all agreed legally, but I guess the same would apply here. So if she isn't paying on the mortgage then the value of her share may be falling every month anyway. That is quite independant of any maintenance.

ELCismyspiritnana · 19/09/2025 14:12

AInightingale · 19/09/2025 13:09

There's 'fleeing domestic abuse' and there's having to get out of a horrible dysfunctional relationship with a man, maybe an addict, maybe just a deeply unpleasant individual, that's damaging the quality of all your lives, then realising that he's going to be as uncooperative as possible because the law seems to be on his side. It's harder to prove that, unfortunately.

Show quote history

Luckily domestic abuse now covers an umbrella of behaviour over and above physical violence. Financial abuse, emotional abuse and coercive control are all considered forms of abuse, and I would say in the scenario you describe, some of the behaviours would probably fall under domestic abuse.

Bromptotoo · 19/09/2025 14:19

Lurleenlumpkin79 · 19/09/2025 13:15

So anyone with a mortgage can't get Universal Credit or am I wrong? I've not read the whole thread. Maybe I've got it confused. I couldn't see whether OP had fully paid off her mortgage.

There are several disregards for capital in the regs the first of which is Premises occupied by a person as their home.

Unlike renters who, subject to restrictions like bedroom tax and Local Housing Allowance, can get Housing Costs in their award help for owner occupiers is limited to a secured loan. Nightmare to deal with as an adviser as you're stepping on the toes of regulated financial advice.

There are, as already explained, others around estrangement and Premises that a person is taking reasonable steps to dispose of where those steps have been commenced within the past 6 months.

The OP's issue is that when the one for estrangement ended she didn't either ask for that to be extended, if the circumstances with ex justified it, or otherwise start taking steps for sale, professional advice from eg a Solicitor would be enough to get the ball rolling.

Lurleenlumpkin79 · 19/09/2025 14:20

Tiredofwhataboutery · 19/09/2025 13:24

I think it’s best to think of UC as various elements rolled together. So you get an amount for an adult (or couple) then an amount per child ( subject to limit) then an additional amount if you pay rent, then an additional amount if you have paid childcare costs. You don’t need to be entitled to all of them to claim.

Show quote history

Thats a relief. OH had to go on it last year for a couple of months. Once his sick pay ran out, my pt wage wasn't enough to support us all.

He got a little bit of UC which helped us out at the time but not for long, as he was back at work once better. I was a little worried we'd have to pay it back due to us having a mortgage. 🥹

ComfortFoodCafe · 19/09/2025 14:22

Larose123 · 19/09/2025 13:50

What I would do is just say you've been living in the house (that you own with you ex). That way you would be entitled to the money!

what a ridiculous suggestion. It would still be counted as fraud as shes given them her parents address. Dont comment if you don’t understand the bloody rules.

atinydropofcherrysherry · 19/09/2025 14:22
  1. DO it through the CAB
  2. As you live with your parents, you don't need UC just a job
Bromptotoo · 19/09/2025 14:23

Sidebeforeself · 19/09/2025 13:23

And I have a degree of cynicism about many Welfare Rights Advisers. Like anything else, it depends on the knowledge and professionalism of who you deal with.

Show quote history

Do you know many of them or are you just being gratuitously offensive ?

I don't think there's a day in my working life when I don't speak to UC while supporting claimants so I've years of dealing with the buggers. Actually the front of house staff are pretty good; it's the decision makers who attract my ire.

Hammy19 · 19/09/2025 14:27

Should your ex not be paying you rent if you co-own it? I'd look into that to try and make up some of the money.

In the meantime, I'd ask if it could be sent to decision maker but they'd likely say that you are depriving yourself of income become he isn't paying you rent

Sidebeforeself · 19/09/2025 14:29

Bromptotoo · 19/09/2025 14:23

Do you know many of them or are you just being gratuitously offensive ?

I don't think there's a day in my working life when I don't speak to UC while supporting claimants so I've years of dealing with the buggers. Actually the front of house staff are pretty good; it's the decision makers who attract my ire.

Show quote history

What’s offensive about what I said in comparison to what you said ? I have had many dealings with WRAs over the course of my career and .. as I said.. there are great ones and poor ones.

Coconutter24 · 19/09/2025 14:29

AInightingale · 19/09/2025 13:17

One of the solicitors I spoke to said that we (kids and me) would be entitled to a more substantial share than a mere halving of equity as it was their family home. Not sure if that's right? He said it was a complicated situation that needed specialist advice.

Show quote history

Definitely agree specialist advice is needed

Roobarbtwo · 19/09/2025 14:31

Hammy19 · 19/09/2025 14:27

Should your ex not be paying you rent if you co-own it? I'd look into that to try and make up some of the money.

In the meantime, I'd ask if it could be sent to decision maker but they'd likely say that you are depriving yourself of income become he isn't paying you rent

He's paying the full mortgage - why does he need to pay her rent?

Roobarbtwo · 19/09/2025 14:32

atinydropofcherrysherry · 19/09/2025 14:22

  1. DO it through the CAB
  2. As you live with your parents, you don't need UC just a job

They were entitled to UC in the beginning and that's why they claimed it.

whynotwhatknot · 19/09/2025 14:32

my sister got uc for over a year and still owend a house fwith her ex-they didnt stop her uc or ask for it back

Roobarbtwo · 19/09/2025 14:36

whynotwhatknot · 19/09/2025 14:32

my sister got uc for over a year and still owend a house fwith her ex-they didnt stop her uc or ask for it back

That's probably because her claim wasn't reviewed by them.

whynotwhatknot · 19/09/2025 14:38

Roobarbtwo · 19/09/2025 14:36

That's probably because her claim wasn't reviewed by them.

Show quote history

why not though.
they couldnt sell straight away and when they did she just phoned and stoppdd her claim

Northerngirl821 · 19/09/2025 14:39

Definitely get legal advice and don’t accept 16k. If the house is in joint names he should have been paying you rent for the part you own since you left. By being a SAHM you have saved him paying towards childcare, it’s not as simple as saying he paid most of the mortgage therefore he gets most of the house!

Billybagpuss · 19/09/2025 14:40

MapleHazelLatte · 19/09/2025 11:12

Sorry I’ve been at work. I moved out as my ex said there was no means of me paying the mortgage alone and he has no family local, where as I do. So that meant I left. He doesn’t pay maintenance just sent money if I asked for clothes etc.

it’s probably pretty obvious I have absolutely no idea about legal rights, how to go to court, etc. I’m pretty sure I’m also on the deeds and the house is 50/50 but he just says my share is around 16k.

is there a reason you haven’t applied for cms? He seems to be getting away very easily.

I think your to do list:

tonight do whatever you need to to relax and calm down and formulate a plan

Tomorrow or Monday make an appointment with citizens advice bureau

unless you have an iron clad reason not to put in a claim for CMS. I believe you can do this online.

Monday send a message to twathead ex that you need to get the house valued, some other vipers may have a suggestion for how to do this without poking the bear.

you will need to speak to UC people but I strongly suggest to speak to CAB first as if nothing else they will help guide you as to how to approach it and what to expect.

Roobarbtwo · 19/09/2025 14:41

whynotwhatknot · 19/09/2025 14:38

why not though.
they couldnt sell straight away and when they did she just phoned and stoppdd her claim

Show quote history

As has been said elsewhere on this thread. A claimant gets the asset disregarded for six months and is then supposed to let the dwp know. Your sister should have informed the dwp what the situation was after 6 months of claiming

TottenhamCake · 19/09/2025 14:45

set up a payment plan with them for £5 a month.

JohnofWessex · 19/09/2025 14:46

OK, and I havnt read the whole thing

  1. The value of your interest falls to be taken into account as capital
  2. BUT it isnt 'half the value' its the value of your share if you were to sell it
  3. What DWP need to do is to get you to complete a form with the details of the property, they will then get the VOA to value your share after mortgage etc is taken off
  4. So get them to do that
  5. ALSO make a subject access request for copies of your application, if you have included details of the property then
  6. Complain
  7. If necessary to the Independent Complaints Examiner https://www.gov.uk/government/organisations/independent-case-examiner if they dont address it
  8. If after all this there IS an outstanding overpayment then you need to ask for them to write the money off on the grounds that they made an error
  9. Oh and start legal proceedings to get the house sold and your money back from it. If your ex defaults on the mortgage then they could come after you

Independent Case Examiner

The Independent Case Examiner reviews complaints about certain government organisations that deal with benefits, work and financial support. ICE works with the Department for Work and Pensions .

https://www.gov.uk/government/organisations/independent-case-examiner

Roobarbtwo · 19/09/2025 14:48

Northerngirl821 · 19/09/2025 14:39

Definitely get legal advice and don’t accept 16k. If the house is in joint names he should have been paying you rent for the part you own since you left. By being a SAHM you have saved him paying towards childcare, it’s not as simple as saying he paid most of the mortgage therefore he gets most of the house!

They would need to come to an agreement for him to pay her rent - and if he didn't agree - she would need to seek a court order. The fact that this has been rumbling on for three years - she needs to seek legal advice obviously or at the very least speak to CAB.

Roobarbtwo · 19/09/2025 14:49

JohnofWessex · 19/09/2025 14:46

OK, and I havnt read the whole thing

  1. The value of your interest falls to be taken into account as capital
  2. BUT it isnt 'half the value' its the value of your share if you were to sell it
  3. What DWP need to do is to get you to complete a form with the details of the property, they will then get the VOA to value your share after mortgage etc is taken off
  4. So get them to do that
  5. ALSO make a subject access request for copies of your application, if you have included details of the property then
  6. Complain
  7. If necessary to the Independent Complaints Examiner https://www.gov.uk/government/organisations/independent-case-examiner if they dont address it
  8. If after all this there IS an outstanding overpayment then you need to ask for them to write the money off on the grounds that they made an error
  9. Oh and start legal proceedings to get the house sold and your money back from it. If your ex defaults on the mortgage then they could come after you

They haven't made an error. She's had a review and been told she's not entitled to benefit. Again it is her responsibility to report a change of circumstances - and she didn't do this

TottenhamCake · 19/09/2025 14:52

MapleHazelLatte · 19/09/2025 11:12

Sorry I’ve been at work. I moved out as my ex said there was no means of me paying the mortgage alone and he has no family local, where as I do. So that meant I left. He doesn’t pay maintenance just sent money if I asked for clothes etc.

it’s probably pretty obvious I have absolutely no idea about legal rights, how to go to court, etc. I’m pretty sure I’m also on the deeds and the house is 50/50 but he just says my share is around 16k.

with all due respect you need to woman up here and get an understanding of things, very quickly. Stop listening to your ex, what he is doing and telling you can constitute financial abuse IMO.

If you don't have any disposable money, find a solicitor who offers services under legal aid.

My exh would have happily seen me get nothing at all from our house sale as he thought because he earned more money he would be entitled to more...it was 50/50 as with you, my solicitor shut him down very quick, you need someone to do the same.

In the meantime speak to UC people- explain the scenario with your ex and try and set up a payment plan only paying what you can afford, to stop any action in the meantime.

Blushingm · 19/09/2025 15:04

Hammy19 · 19/09/2025 14:27

Should your ex not be paying you rent if you co-own it? I'd look into that to try and make up some of the money.

In the meantime, I'd ask if it could be sent to decision maker but they'd likely say that you are depriving yourself of income become he isn't paying you rent

He’s paying the entire mortgage!