Urgent benefit advice please

dmg24

woodbine wrote: »

I`m not suggesting fraud but if it has to be counted as residence which maybe the case if he cant sell it then it would only preclude LHA,I admit its a far from straight forward case thus advise approach to cab or simlar

It is not being counted as the main residence, it is being counted as capital/ an investment property.

With the exception of the difficult uncle, it is a common scenario. Unfortunately the difficult uncle does not chance the benefits position.

grumbleweed2

thanks for your responses. They are not very forthcoming in applying for benefits, having just had a baby they have been burying head in sand I think. No I'm not blaming the benefits system for that, but I /we do need to know our way around the sytem well enough to know what they can/cannot fight for.
They went to CAB for advice and it was they that said they cannot claim anything at all bar child benefit. They have been to the council who have said the same re emergency housing and they said the same.
Trouble is going to court over the flat is going to take, which they don't have. I thought they might be at least entitled to JSA given he was working until 6 weeks ago? My daughter wasnt working before baby but wasnt claiming anything because her boyfriend was working.
Does anyone know if there are any emergency applications they can make which might carry them over whilst they tackle the uncle over the flat, wich is stood there empty.

Oldernotwiser

If he has paid the appropriate NICs he will be able to claim contributions based JSA. If the flat is sitting there empty, why doesn't he just go and live in it - he doesn't need the uncle's permission. In fact, why did they ever move out?

Vader123

Oldernotwiser wrote: »

If he has paid the appropriate NICs he will be able to claim contributions based JSA. If the flat is sitting there empty, why doesn't he just go and live in it - he doesn't need the uncle's permission. In fact, why did they ever move out?

I agree with ONW.


This chap owns half a flat.

He has a baby and a pregnant lady in tow.

Move into the flat!

Vader

qwertyuiop12345

grumbleweed2 wrote: »

Her boyfriend half own a flat they once lived in. His uncle owns the other half, but following a falling out of some sort, the uncle is refusing to let them live in the flat and refusing to allow a sale so they can get their share of the money.

Do you know the specific details of this situation as they will be important in finding a solution. For example, does the boyfriend own the leasehold title of this flat as a tennant in common with the uncle? Do they share a mortgage on the flat? It sounds like an unusual situation and normally the lawyers/banks involved in a property purchase are reluctant to allow arrangements that are likely to cause future difficulties.