Housing Benefit

[IWantWine]

My OH is claiming housing benefit on the house we own jointly. I have just left that and am hoping to claim housing benefit for myself.

Can anybody please advise me if I will be able to claim, since a claim is already being made in my name on a home that I am no longer living in, and if I am able to claim successfully, will it have any effect on the amount of benefit paid out to my OH.

Thanks

You cant claim HB on a house you own, HB applies to rented accomodation only.

Your share of the house may be treated as capital, especially if no plans to sell or sign over.

and no,you cant have 2 claims!

cant you sell the house?

You need to get your name off that mortgage and sell up.

are you splitting Up?

I have walked out of an abusive relationship. I cant go back. We have a joint mortgage and I am sure we rceive some form of financial benefit towards the cost. The property will be sold eventually but since my OH has frozen the accounts I have no money and nowhere to live.

I need to claim some Housing Benefit or something otherwise I will be homeless, well I am homeless as it is.

housing benefit will be paying the mortgage interest..

speak to advisors at jobcentre....where are you going to be living if homeless and penniless?

womens aid will help you

and get some advice from citizens bureau

Iwantwine, relax.

Capital assets disregarded in full:

DMG17180
21. the home formerly occupied by the claimant which is still occupied by the former partner, following estrangement or divorce, who is a lone parent. The home should be disregarded for as long as it is so occupied1
1 HB Regs (NI), Sch 7, para 26; HB (SPC) Regs (NI), Sch 7, para 6

Capital assets disregarded for 26 weeks:

DMG17200

1. a dwelling formerly occupied by the claimant following estrangement or divorce from a former partner. The disregarded period begins on the date of leaving the home. A disregard under this provision can only be applied for 26 weeks unless the home is occupied by a former partner who is a lone parent when the disregard applies for so long as the home is so occupied1

1 HB Regs (NI), Sch 7, para 26; HB (SPC) Regs (NI), Sch 7, para 6

1. any premises (not just a former home) or land which the claimant is taking reasonable steps to sell1

1 HB Regs (NI), Sch 7, para 27; HB (SPC) Regs (NI), Sch 7, para 7

1. any premises subject to legal proceedings to recover possession for the claimant to occupy those premises as their home1. The disregard period begins on the date the claimant first sought advice or first commenced proceedings, whichever is earlier

1 HB Regs (NI), Sch 7, para 28; HB (SPC) Regs (NI), Sch 7, para 2

So, if you were still living in the family home, then your H would be able to claim HB if his income was sufficiently low, if you have children, and have custody of them. Which means that the house would be disregarded in full.

However, if you have left the home, then the house will be disregarded for 26 weeks from the date of leaving - so make your claim for HB now.

Sorry, will edit to make it easier to read.

Iwantwine, relax.

Capital assets disregarded in full:

DMG17180
21. the home formerly occupied by the claimant which is still occupied by the former partner, following estrangement or divorce, who is a lone parent. The home should be disregarded for as long as it is so occupied1
(1 HB Regs (NI), Sch 7, para 26; HB (SPC) Regs (NI), Sch 7, para 6)

Capital assets disregarded for 26 weeks:

DMG17200

1. a dwelling formerly occupied by the claimant following estrangement or divorce from a former partner. The disregarded period begins on the date of leaving the home. A disregard under this provision can only be applied for 26 weeks unless the home is occupied by a former partner who is a lone parent when the disregard applies for so long as the home is so occupied1

(1 HB Regs (NI), Sch 7, para 26; HB (SPC) Regs (NI), Sch 7, para 6)

1. any premises (not just a former home) or land which the claimant is taking reasonable steps to sell1

(1 HB Regs (NI), Sch 7, para 27; HB (SPC) Regs (NI), Sch 7, para 7)

1. any premises subject to legal proceedings to recover possession for the claimant to occupy those premises as their home1. The disregard period begins on the date the claimant first sought advice or first commenced proceedings, whichever is earlier

(1 HB Regs (NI), Sch 7, para 28; HB (SPC) Regs (NI), Sch 7, para 2)

So, if you were still living in the family home, then your H would be able to claim HB if his income was sufficiently low, if you have children, and have custody of them. Which means that the house would be disregarded in full.

However, if you have left the home, then the house will be disregarded for 26 weeks from the date of leaving - so make your claim for HB now.