Money/Benefits

[Whatdoidowithmylifenow]

I've posted this on legal matter but thought someone here might have dealt with a similar situation

My (D)H has recently left me. We have 2 children (7&2). He is currently renting a room somewhere and is seeing the children once a week (coming back to the family home). Is says he will do this for a few months until he can set up home with the OW (and her 2 small children), so he can still afford to pay the bills as he was before. I feel a little like I'm being held at ransom, as I am having to stay elsewhere once a week so he can have the children (which I actually feel is beneficial for them as they are still in their home),

I work part time - 16 hours a week. So I do all the childcare and my DS gets to do all his after school activities etc. My DD is looked after by a family member but is due to start nursery in September.

My question is - am I able to claim benefits now whilst he is still registered at the house, because he's not actually living here or do I have to wait until he's 'officially moved out?' I just want to get some of my own money, until I can do more hours in September, so that I feel like I am a bit more in control.

Thanks

As long as you can prove that he is renting somewhere else, he's not legally living with you.
You can apply for universal credit online. You will be called into the local job centre to give evidence and you will get support from there.

Yes. You can claim benefits.
You might have to show some evidence he's moved out.
A written statement from him and a copy of his tenancy agreement ought to do it.

Yes you can.
Also do not move out at the weekend so he can have DC at your home. Apart from being out of order it can affect your benefit as he would still be in a relationship with you , also get on to cms before he moves in with the ow as this will lower your cms due to her dc

Thank you.

I did not know that her having children would lower my child maintenance claim. That doesn't seem fair!

I don't know what to do about the weekends - if he doesn't have them here then he won't be able to have them overnight -which I need right now for my own mental health 😢

Having your ex present in you house for one night a week does not mean that you would count as a couple for benefit purposes, particularly if you are not present.

Determining whether people are a couple can be complex, especially at the beginning and end of a relationship. The DWP use a five point test:

1. Do you live in the same household? (no, you do not)

If you did live in the same household (and this doesnt just mean being in the same building. People have successfully argued that they are in seperate households because they do seperate food shops, eat at different times, have different cupboards for food etc) then the DWP go onto the next tests:

1. Is the relationship stable? (Nope, in the process of splitting up)
2. Does he support you financially or do you share finances? (sounds like you're in the process of disentagling finances so no)
3. Do you present as a couple in public, do people think of you as a couple (no)
4. Is there a Sexual relationship (Im assuming no, although in practice they aren't supposed to ask)

Please don't worry about him coming over to spend time with the kids once a week OP. If its working for you all, crack on.
The very worst that could happen is that a nosy neighbour might draw the wrong conclusions and report you. It would most likely be dropped once you explained the situation.

You can find more information here: revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/#Living%20together%20as%20husband%20and%20wife%20or%20civil%20partners
Its about tax credits but the principles are largely the same.