Divorce benefits?

smanty

Hello I am writing on behalf of a mate who is going thru her divorce

Last weekend been a really bad weekend and they have split up for good after torublesome months.

Her husband owns a house £185,000 in his name as she got bad credit (CCJ) which probs got no value after credit crunch after just bought it last year. He gets a salary of £2500 a month working as a oil rig (most of time temporary contract and some time goes month with out money)

She wanted to knwo what benefits can she get. She is really homeless with her 2 years old daughter.

Also would she be better off working part time with tax credit? and still get housing benefits?

Thanks

saver_sam

Hi Sorry to hear about your friend, its tough splitting up as I did it 7 months ago and have had to claim benefits since for myself and 2 children. I didn't work, he is self employed.

Get her ring up the Job Centre, they then go though a ton of questions, ring you back the next day and make you an appointment to see someone in the local Job Centre.

I was advised because my youngest was only 7 months at the time I was not required to seek work. I get full income support plus full child tax credit. I also receive Healthy Start vouchers which is about £3 per week towards milk, veg and fruit.

I have made a claim through the CSA and I must say they are ever so slow. Split in April they wrote to him in July and still not sorted.

The property side for myself is different to your friend; I am on the mortgage and deeds for the house so have had after 8 weeks half the mortgage paid; this is paid every 4 weeks directly to the mortage company, and the full amount paid at 26 weeks. Tough work finding the difference must say.

I don't know being his wife whether she can register an interest in the property through a register called the Martital Homes Interest. This is something I believe that is held at the land registry - perhaps citzens advice might be able to make that clear what to do and what implications it has for her ex and the house.

If she is homeless she needs to contact her council has they deal with the homeless side of things.

Divorce side - if she goes down that route and is on benefits then she can get it paid for through legal aid (or whatever they call it now).

Hope it works out as best it can for her and her child.

mcc28_x

Hi,

She should claim Income Support, provided she does not have savings over 6K. Should also get CTC and HealthyStart Voucher.

Housing is difficult, if she is made homeless the council will probably offer emergency accomodation.

I take it she has moved out of the marital home? If not and she is still with her husband a claim to Income Support would be difficult.

When she goes to the JC an advisor will do her a better off calculation. In general someone renting in receipt of HB/CTB on IS would we about £40 - £45 per week better off in part time employment 16hrs per week.

Maintenance would affect all of the above. Income Support will ignore 1st £20. Housing will ignore it all. CSA will be slow, some kind of voluntary agreement might be more appropriate.

Mark

System

saver_sam wrote: »

The property side for myself is different to your friend; I am on the mortgage and deeds for the house so have had after 8 weeks half the mortgage paid; this is paid every 4 weeks directly to the mortage company, and the full amount paid at 26 weeks. Tough work finding the difference must say.

I split from my ex last nov and started on IS in March, have been told I get no help with mortgage for 39 weeks?

cw18

I assume saver_sam has an older mortgage than you

For people aged under 60 there is a waiting period before help with your housing costs becomes payable. The length of the waiting period depends on whether your housing costs are defined as “new housing costs” or “existing housing costs”.
New housing costs are defined as

• Home loans taken out on or after 2nd October 1995

If you have “new housing costs” there is a waiting period of 39 weeks before help is provided towards your housing costs.
Existing housing costs are defined as

• Home loans taken out on or before 1st October 1995.

If you have existing housing costs you will receive no help with them for the first 8 weeks; half of your eligible housing cost for the next 18 weeks, and then all of your eligible housing costs.


or falls into one of these groups


If you are in one of the following groups and have new housing costs they will be treated as existing housing costs:

• carers where the person being cared for is in receipt of, or has claimed, Attendance Allowance or Disability Living Allowance with a care component at the highest or middle rate
• prisoners detained in custody pending trial or sentence
• people whose insurance policy for their mortgage will not pay because their claim is the result of a pre-existing medical condition or an HIV-related illness
• people with children who have claimed Income Support because their partner has died or abandoned them.

(info taken from here)

saver_sam

cw18 wrote: »

I assume saver_sam has an older mortgage than you

For people aged under 60 there is a waiting period before help with your housing costs becomes payable. The length of the waiting period depends on whether your housing costs are defined as “new housing costs” or “existing housing costs”.
New housing costs are defined as

• Home loans taken out on or after 2nd October 1995

If you have “new housing costs” there is a waiting period of 39 weeks before help is provided towards your housing costs.
Existing housing costs are defined as

• Home loans taken out on or before 1st October 1995.

If you have existing housing costs you will receive no help with them for the first 8 weeks; half of your eligible housing cost for the next 18 weeks, and then all of your eligible housing costs.


or falls into one of these groups


If you are in one of the following groups and have new housing costs they will be treated as existing housing costs:

• carers where the person being cared for is in receipt of, or has claimed, Attendance Allowance or Disability Living Allowance with a care component at the highest or middle rate
• prisoners detained in custody pending trial or sentence
• people whose insurance policy for their mortgage will not pay because their claim is the result of a pre-existing medical condition or an HIV-related illness
• people with children who have claimed Income Support because their partner has died or abandoned them.

(info taken from here)

Yes I had a mortgage dated 1994, but because the ex had also 'abandoned' me and our two kids we would have fallen under one of the groups.