Council Tax and Capital

juno-eclipse

Hey guys just wondering if you could help me with a problem my Mam is having, she is currently going through a difficult divorce and has moved out of her marital home, she is currently only working part time earning £90 a week in a friends shop. She has applied for council tax benefit as she simply cannot afford it along with having to pay towards her legal costs for the divorce, but she has recieved a letter from the council today asking for more information about her circumstances, also stating at the bottom if her Husband is living in the marital home with no dependant childred the she will not be entitled to council tax benefit as this brings her capital over £16000.

So is there anything she can say to change there minds, or some sort of special circumstance rule? Theres nothing she can do with the marital home at the minute, the divorce isnt far enough along to have it up for sale, and she isnt getting any money from it so it is unusable capital.

What can she do

Oldernotwiser

The obvious suggestion, unless there's domestic violence involved, is to move back into the marital home until it can be sold.

fluffymovie

Hi there

If your mum is not living the in property, then I don't think she is liable for Ctax on it. The partner remaining in the property should be billed and apply for a Single Person discount. I am not a Ctax officer but do work in benefits and we would not pay benefit on a property that the claimant was not living in as this is one of the main criteria.
If your mum is looking to claim CTB on another property, the council would have to look at the value of a former home and whether it could be disregarded. There are a lot of rules that say it can be disregarded for 26 weeks following a seperation but I don't have my books with me at present so can't quote the regulation.
Hope it works out ok for her

CIS

fluffymovie is correct in that if someone has remained in the property as their residence then they would (except in some unusal circumstances) become solely liable for council tax from when your mother left.

From the details you have outlined your step-dad/dad would be the liable person from the date your mother left however she is jointly responsible until that date.

Oldernotwiser

I'm sure that the OP is talking about council tax on a place she's now living; perhaps the OP could clarify this point?

juno-eclipse

Sorry for not explaining very well, yes she is looking to claim council tax benefit on the home she is living in now not the marital home, and yes due to fear she cannot move back into the marital home.

Thank you all for your help so far

juno-eclipse

Sorry to bump, but can anyone help still?

Jx

Jowo_2

Can't help on that specific CTB query.

The Shelter website has a section on how to deal with relationship breakdowns and her rights to live in the marital home (occupation orders), domestic abuse and so forth. So, too, might Womens Aid be helpful.

Citizens Advice should be able to help review your mother's benefit entitlements, so too, will the Entitled To website, therefore perhaps seeing if her income could be increased in anyway.