UC want all my money back…

[MapleHazelLatte]

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 ??

That’s absolutely not true at all. You really should check your facts before giving advice.

When you make a UC claim do they not ask if you own or part own a property?

Yes and she told them she did

They said it was ok and since then changed their minds?

Or are you refering to the 6 month rule?

MN............................LTB
Also MN.......................how dare you not force your ex by osmosis or the power of prayer not to sell the house

Sorry what's your point?

If OP kept to the rules and DWP suddenly changed the rules, that is an issue that needs to be addressed?

They didn't change the rules. She had six months to sort the flat sale out and if it wasn't going to happen in that timescale she needed to inform them

I read it is 3 years later now. Did she inform them 2 and a half years ago (I.e after the 6 minth periodl) about her current situation?

I'm not here to answer for someone else. Why don't you ask her?

Hi OP, MapleHazelLatte for clarity, did you update HMRC /DWP re your situation after the 6 months expired?

She’s never mentioned he’s abusive though?

He pressured her into leaving the house. He's refusing to sell it. He's saying she is going to get 16k. He doesn't pay maintenance for his two kids - what would you call that

But did she update DWP after 6 months? We need the facts.

Go ask her! Stop questioning me!

I’m in a similar-ish/opposite situation tho I’m in the house still.
i split from my husband 9 years ago, still married as he won’t take his name off the mortgage and I’m reluctant to divorce when house/money isn’t sorted.
I have claimed Tax credits then UC the whole time and apart from an urgent review when on TC regards relationship with ex, I’ve not had issues.
How can it be your fault if ex won’t sell?
email your MP, and ask UC for a mandatory reconsideration.

Wrong, not her fault she’s still got a mortgage so why shouldn’t she get help with rent

Completely different though because you live in the house you jointly own. Op does not so UC will see it that she has money tied up in an asset / house she is not living in. This is the problem and why she is not entitled to claim UC. You on the other hand are eligible for Uc because you don't own half a property that you don't live in.
Sorry just seen you did say it was an opposite situation.

She doesn't have rent to pay and it's not even about housing costs but about capital.

Wonder why OP's ex can't leave the house, let her and his children live in it, and move in with HIS parents? If he can afford the mortgage now with all the added living costs, he could certainly afford to pay it if he was back at home. Always these men who get to behave like born-again bachelors after a split. Does he even take care of the children or take any responsibility or is it all offloaded onto OP and the grandparents? She doesn't seem to mention that. As others have said, sometimes courts order that it is in the children's best interests to stay in their home, and this might be a better option than selling, because at least the asset stays in one parent's hands.

What do you mean if you own property you’re not entitled to UC support?
that’s not true at all, you don’t get housing element but you can get UC if are in a mortgaged home.

I was in a similar situation, had never claimed anything before, didn’t understand the rules and I did have to pay it all back. It turned out I never should have got anything but it was only after a year or so they actually did the checks. Despite being joint owner of a house I had no money so I set up a repayment plan to pay something like £100 off a month which took ages but it was doable. I don’t know the lowest you could pay for the amount you owe but they seemed to be pleased with me being on a repayment plan even though it was long.

I didn’t go to court but I threatened the other owner of the house that I would take them to court to force the sale of the house because they were refusing to sell. I had legal advice at the time. It ended up with them getting scared and buying me out so I didn’t need to go through the process. But it might be an option in your case, I’m sure it actually happens a lot because relationships turn sour all the time

If you’re 50-50 on the house then you’re entitled to 50% and he needs to buy you out. He cannot just keep the house and pay you nothing. Whether you worked or not is irrelevant if you’re joint tenants. You’re now in this big mess as you’ve just let him stay in the house without sorting it out. As far as the Government are concerned yes, you should have this money by now. You’re going to need legal advice.

She doesn't need help with rent. She's living with parents. The issue is that she has an asset

Yes you can claim when you live in the property but I think the poster means claiming uc on a property you own but don’t live in there is a 6 month rule after a separation on joint property which is the situation OP is in. Her capital is in a jointly owned house which UC then count in calculations as she isn’t living in it.