Seperated but living together?

DX2

aimee0763 wrote: »

Absolute rubbish many people who have their own homes and claim benefit can claim HB where do you get your advice from? this is the very reason people should check with their Local Council and Benefit Office than just on forum.

Who can claim housing benefit?

You can claim housing benefit if you are paying rent on the property you live in. This applies if you are:

• a council tenant
• a private tenant
• a housing association tenant
• a lodger or boarder
• living in a hostel, hotel or bed and breakfast
• living in a mobile home
• renting under a shared ownership scheme.

Please note: you do not need to be on state benefits to claim housing benefit. People on low incomes can also apply.
Who cannot claim housing benefit?

You cannot claim housing benefit if:

• you or your partner have capital of £16,000 or more (unless you or your partner receives a pension credit).
  
  Please note: capital includes money in bank and building society accounts, investments, cash or property.

• you own or are buying your own home
• you are in a nursing home or residential care home
• you live in the same household as a close relative or in-law and pay rent to them
• you pay rent to your employer. This only applies in certain circumstances and does not include council tenants who work for the council
• you are not entitled to benefits because of your immigration status in the UK
• you are a full-time student in higher education, unless you are also:
• • a lone parent
  • disabled
  • under 19 and following a further (not higher) education course
  • aged 60 or over.

Knock yourself out!

Oldernotwiser

aimee0763 wrote: »

Absolute rubbish many people who have their own homes and claim benefit can claim HB where do you get your advice from? this is the very reason people should check with their Local Council and Benefit Office than just on forum.

For pity's sake, you have no idea what you're talking about.

Just exactly what would someone owning their own home get HB for?

DX2

Definition of LTAHAW

Living together as husband and wife has its normal meaning in everyday language but the courts and administrative practice have developed a number of criteria to help apply that meaning to situations that may occur. When all of these criteria have been examined, the question as a whole still needs to be answered; do this man and woman live together as husband and wife.


These criteria are: -

• Live in the same household.
• Stability of relationship
• Financial support
• Sexual relationship
• Dependent children
• Public acknowledgement.

In both post and pre-award cases no single point can decide the question of living together as husband and wife. It is essential to have as much information as possible on all of the points to consider them as a whole. Remember that in pre-award cases the onus is on the applicant to prove that the conditions of entitlement have been satisfied.
http://www.hmrc.gov.uk/manuals/acgmanual/acg09010.htm

http://www.dwp.gov.uk/docs/ch11-23254.pdf

Oldernotwiser

DX2 wrote: »

Definition of LTAHAW

Living together as husband and wife has its normal meaning in everyday language but the courts and administrative practice have developed a number of criteria to help apply that meaning to situations that may occur. When all of these criteria have been examined, the question as a whole still needs to be answered; do this man and woman live together as husband and wife.


These criteria are: -

• Live in the same household.
• Stability of relationship
• Financial support
• Sexual relationship
• Dependent children
• Public acknowledgement.

In both post and pre-award cases no single point can decide the question of living together as husband and wife. It is essential to have as much information as possible on all of the points to consider them as a whole. Remember that in pre-award cases the onus is on the applicant to prove that the conditions of entitlement have been satisfied.
http://www.hmrc.gov.uk/manuals/acgmanual/acg09010.htm

But,of course, if the couple actually are husband and wife then the situation becomes even more unclear.

demonicangel

I am going through something similar at the moment.

My ex partner still lives here, is trying to move out but cant afford deposit (no rent deposit schemes where I am).

I put in a claim for IS, HB and CTB middle of December, HB & CTB has been awarded for my half of the rent/council tax but IS refused the claim, even though I provided as much info as I could.

I have asked them to reconsider, if they dont then I will be appealing it.

It is very very hard to get IS when your ex is living there still.

DX2

Oldernotwiser wrote: »

But,of course, if the couple actually are husband and wife then the situation becomes even more unclear.

I agree.

(random text not enough to post)

hippy-chicy

aimee0763 wrote: »

Absolute rubbish many people who have their own homes and claim benefit can claim HB where do you get your advice from? this is the very reason people should check with their Local Council and Benefit Office than just on forum.

Yes exactly....but thats so that they dont listen to advice given by people who have no idea what they are talking about i.e aimee0763 !

Sorry I know this has been covered :mad:

Its a tricky situation that i hope you manage to get sorted. You have been given some good advice but i would also suggest that you contact the CAB as well. Living together is a very grey area and its very difficult to prove that your not in the kind of situation you are in. The CAB should be able to help / advice you further.

uganda

I'm sorry to rain on everyone's parade, but aimee is absolutely correct and at least 3 of you (plus those who thanked you) should really apologise. (Having said that aimee, it is not particularly polite to tell someone they are talking 'rubbish' even if they are!)

What you are getting mixed up with is whether you can claim Housing Benefit for a home you own - which of course you cannot as you have no rental liability - or whether you can claim Housing Benefit when you own a house, which in some circumstances you can for another rented property. I already explained that in my post above.

DX2 has now edited his/her post to acknowledge that it wasn't relevant to the post it was replying to.

I also already explained above the difficulty in determining whether people are living together as husband and wife as the legislation makes no actual definition. The fact that these people really are husband and wife does not make things more or less clear if decision-makers take the actual facts into account, and any decision they make can be appealed of course - if you are genuinely not living as husband and wife you have every chance.

Oldernotwiser

uganda wrote: »

I'm sorry to rain on everyone's parade, but aimee is absolutely correct and at least 3 of you (plus those who thanked you) should really apologise. (Having said that aimee, it is not particularly polite to tell someone they are talking 'rubbish' even if they are!)

What you are getting mixed up with is whether you can claim Housing Benefit for a home you own - which of course you cannot as you have no rental liability - or whether you can claim Housing Benefit when you own a house, which in some circumstances you can for another rented property. I already explained that in my post above.

DX2 has now edited his/her post to acknowledge that it wasn't relevant to the post it was replying to.

I also already explained above the difficulty in determining whether people are living together as husband and wife as the legislation makes no actual definition. The fact that these people really are husband and wife does not make things more or less clear if decision-makers take the actual facts into account, and any decision they make can be appealed of course - if you are genuinely not living as husband and wife you have every chance.

I would love to think that this was what Aimee meant, but,on past experience, I very much doubt it!

hippy-chicy

uganda wrote: »

I'm sorry to rain on everyone's parade, but aimee is absolutely correct and at least 3 of you (plus those who thanked you) should really apologise. (Having said that aimee, it is not particularly polite to tell someone they are talking 'rubbish' even if they are!)

What you are getting mixed up with is whether you can claim Housing Benefit for a home you own - which of course you cannot as you have no rental liability - or whether you can claim Housing Benefit when you own a house, which in some circumstances you can for another rented property. I already explained that in my post above.

DX2 has now edited his/her post to acknowledge that it wasn't relevant to the post it was replying to.

Yes in specific circumstances can someone claim HB for a property they rent if they own their home. However, no where has the OP mentioned that any of these circumstances apply to them. They have stated that they the ex partner and children will be staying in the marital home and that he will also be doing so as he is financially unable to support both the mortgage and the rental on a new property.

Given that the OP 'may' be entitled to HB on a property be rented if he qualified ( i am assuming that he is working) as the capital in house that his ex partner and dependent children lived in would be disregarded.

However, the OP has mentioned NON of the above. From what the OP have put in the original post the advice given is correct. You would be here all day if you went into every little aspect of benefits 'just in case'. Advice is given based on the info given by the OP.

aimees advice was incorrect ( based on the facts known) and misleading to the OP plus anyone else is reading the post. If that was what she meant then she needs to make this clearer as not everyone who reads this forum knows benefits enough to see the other way it could be interpreted.