Separating with husband, need advice

WaltonVale · 11 July 2017 at 11:02PM

Hi folks,

I am hoping I can get some advice from people on here as I have spent hours in the net and still don't know what I am doing.

Essentially I am separating from my husband (aged 64). I am the breadwinner, he is unable to work and has not worked for years due to health issues. He has not claimed any benefits for the past 3 years as my earnings has been too high to claim anything.

I am leaving and the 2 children (3&9) will be staying in the marital home (rented HA if that makes a difference) with him. I am going to rent a house close by.

Obviously I will be paying CM and currently I receive the CB which I will transfer to him. I have found a property and will being moving into it at the start of August.

We have no savings at all. We live in a Universal Credit area.
Is there anything he can do between now and the start of August to get a benefit claim underway? I understand that it takes 6 weeks for it to be processed and then it is not back dated.

Can anyone offer any advice?

NeilCr · 12 July 2017 at 4:56AM

Has he considered a claim for PIP

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

He'll need to get this going as he can't claim it once he is 65 (He can claim Attendance Allowance then but that does not have a mobility component). Otherwise he needs to get in touch with your local authority re Housing Benefit and Council Tax Support to ask about the claim process

What about Child Tax Credits?

https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/working-and-child-tax-credits/working-and-child-tax-credits/check-if-you-can-get-child-tax-credits/

He also needs to check if he is in a Universal Credit area

https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/Check-if-youre-eligible-for-Universal-Credit/

If he is he will claim that instead of Housing Benefit and Tax Credits. Council Tax Support is still administered by the local authority

karcher · 12 July 2017 at 5:20AM

Won't he be eligible for his state pension soon?

A friend of mine who is 66 already gets his.

GwylimT · 12 July 2017 at 7:09AM

Has he thought about applying for PIP? Why didn't he do this before?

Once a UC claim has been awarded the nine year old may be entitled to free school meals, please get him to sign up as the child gets more than just free meals.

Obviously single person council tax discount.

If you haven't already, you need to make school aware so they can support the little ones, you will also need to ensure dad is the number one contact once you have moved out incase of sickness etc.

Pollycat · 12 July 2017 at 7:22AM

karcher wrote: »

Won't he be eligible for his state pension soon?

A friend of mine who is 66 already gets his.

He'll be eligible for his state pension when he's 65.
At his current age, he's eligible to apply for Pension Credit but I'm not sure how that sits with other benefits he may be able to claim.

Maybe a face-to-face session with CAB would be helpful?

sangie595 · 12 July 2017 at 9:38AM

Unlike others here I'm not au fait with benefits, but you did ask for "any advice".... Where my skill lies is looking at what the "other side" think! I am seriously not saying this is the case - looking at your posting history there's no evidence to suggest it is true. But benefits agencies specialise in suspicion...

Be very, very careful about how you conduct your lifestyle after separating because this could be construed as a method of falsely claiming benefits. Whilst, since you are the wage earner, it may make sense to leave the children with the stay at home partner, I would expect them to be very suspicious of a mother leaving her children behind, especially when one of those is only three years old. And then moving into rented accommodation in the vicinity of the martial home...a "front" to make it look like you have separated when, in fact, you will be carrying on as usual but with two addresses! I would not be at all surprised if you were to find yourselves under a lot of scrutiny - scrutiny you may not even be aware of. And not just immediately - but also in the longer term. Benefits agencies are not above any form of tactic to prove that you are not really seperated - they can watch bank accounts, employ surveillance etc. And just because you are telling the truth doesn't mean that they can't make a case that you aren't!

marliepanda · 12 July 2017 at 11:21AM

In a sort of addition to Sangie's post, if he is unable to work, in ill health and 64, will he cope with being the main carer to a three year old, plus another primary school aged child?

His mental and physical health issues seem extensive and coupled with his older age (no offence to any!) I can't see how that will work...

Pollycat · 12 July 2017 at 11:57AM

marliepanda wrote: »

In a sort of addition to Sangie's post, if he is unable to work, in ill health and 64, will he cope with being the main carer to a three year old, plus another primary school aged child?

His mental and physical health issues seem extensive and coupled with his older age (no offence to any!) I can't see how that will work...

I'm coming up to that age in a few months but luckily am in pretty good health and I wouldn't like to think I'd got responsibility for a 3 year old and a 9 year old.

Cheeky_Monkey · 12 July 2017 at 3:16PM

As the OP's husband has already been accused of benefit fraud in the past, I imagine that as soon as he starts claiming benefits again, that little nugget of information will be flagged up and they will be immediately suspicious as the circumstances are similar.

marliepanda · 12 July 2017 at 3:26PM

Cheeky_Monkey wrote: »

As the OP's husband has already been accused of benefit fraud in the past, I imagine that as soon as he starts claiming benefits again, that little nugget of information will be flagged up and they will be immediately suspicious as the circumstances are similar.

Being married for years whilst living apart and claiming benefits, including going bankrupt after the marriage...

Him being too disabled and ill to live with after marriage but now, 11 years older, he is capable of caring for a three year old and nine year old?

The OP appears to be genuine and not one of our tall tale regulars, but there are a lot of things which make very little sense.

Placitasgirl · 12 July 2017 at 3:43PM

I wonder if it might be possible that the OP is seeking a "clean break" to permit them to move on in life in a new relationship?

I agree that leaving a 3 year old and 9 year old in the primary care of her 64 year old husband, who suffers ill health and is unable to work as a consequence isn't something any mother would do lightly, and without passing judgement, this (or benefit fraud) is the only reason I can see for leaving your spouse and children to start again nearby.

Separating with husband, need advice

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