Income Support Meeting

Becciboobah

My SIL has been in receipt of IS since she split up with her partner and father of her 3 children at the start of the year (he's gone off with another woman). Some kind soul has told DWP that she isn't, for some reason, entitled to Income Support.

Background - She doesn't work and is on her own with 3 children under 6. Ex is self employed in the City (earns 6 figures) and has control issues. He was paying the mortgage in lieu of child maintenence. Well SIL had a letter drop on her mat addressed to him which she opened (I know this is wrong but it's by the by) and it's from the mortgage lender as the mortgage hasn't been paid for 7 months!!! Was giving her bits of bobs money wise for the children i.e. if they needed anything he would give her the odd £20 IF SHE BEGGED HIM FOR IT! Well she went mad over the mortgage thing, he threatened to have her arrested for opening his mail blah blah.

Anyway he deposited £1000 into her account to basically make up for 7 months child support. In my eyes no where near enough but if CSA get involved he says he'll get his accountant to make sure she gets nothing.

She goes to meeting with DWP armed with bank statements to show she doesn't earn anything other than IS and CTC and this one deposit of £1000. They've asked her what this £1000 is and she told them and now they've suspended her claim. I reiterate this is the only money she's had in 7 months. He could not give her anything now until when he feels like it or she has to BEG him for it. This is the measure of the man I'm afraid. They say they will not pay her until she proves what this £1000 is and he, obviously, will not tell them on her behalf. So she's stuffed. What can she do? I thought child maintenance was disregarded for IS now. Am I wrong? I understand if she doesn't qualify but £1000 over 7 months is hardly a fortune.

I know this situation is mad in all aspects but truthfully I don't know how to advise. I've never claimed IS and not sure of the implications of income now, it seems to change every 5 minutes.

dmg24

Has she been claiming SMI for help with mortgage interest?

Becciboobah

No, he told her he was paying the mortgage and he hasn't. She's looking for rental property in case (or when?) the house is repossessed but with no income support and no income she can't rent. The house is purely in his name, she isn't on the deeds or mortgage.

DX2

So is the money child support or money for the mortgage?

Even if child support is no longer taken into account you still have to inform IS about getting payments.

Did she pay the mortgage with this money as it hasn't been paid in the last seven months?

Surely on her bank statement it would say where this £1000 came from?

Becciboobah

He pays the mortgage direct debit, she found out he HASN'T been paying the mortgage as per the agreement and he put £1000 in cash into her account to cover child support for the last 7 months 'to make up for it'. It's £1000 in cash, I suspect they either think she's working and being paid cash or some other rather shady means. How do you prove where £1000 in cash came from when person who put it in will not support her statement. I understand this is confusing but I basically want to know a) how she proves this £1000 in cash came from him and not from work etc, and b) is she still entitled to IS when this money is child support money. Is there a disregard for child maintenance now or has it been scrapped?

Becciboobah

£1000 would never have cleared the arrears on the mortgage, she's using it for day to day expenses and has most of it left. The repayments monthly are high as he remortgaged to add a huge extension and borrowed off it again to pay some off his tax arrears (house is in London). He earns a very good wage but in his head believes he's on Man City football money. Has just bought an Aston Martin but has 'forgotten' the mortgage on the house his 3 young children live in...

Thank you about having to inform IS of payments, she nor I realised a random one off payment would mean she was no longer entitled to IS. If he was paying her regularly then I would understand but the chances are now she won't hear hide nor hair of him for another 6 or 7 months. He has chosen not to see his children.

I only got involved recently as she's been in a bit of a state. She has no clue about money at all, he always paid for everything. She never even had a bank account. No cash nothing. If she wanted anything she had to ask him. She was 18 when she met him, when they first split up she didn't even realise she could get child benefit or how much it was. I know very little about the benefits system apart from a little about CSA from our experience.

I'll send her citizens advice way, I think this is a complicated situation that I cannot help her with!

welshmoneylover

Becciboobah wrote: »

She has no clue about money at all,.........She was 18 when she met him, ........... she didn't even realise she could get child benefit or how much it was.

I have to ask whether she came into this country as a foreign bride as most UK girls are aware of child benefit payments.

Is this why he is so controlling?

Duncombe

welshmoneylover wrote: »

I have to ask whether she came into this country as a foreign bride as most UK girls are aware of child benefit payments.

Is this why he is so controlling?

I got that impression from the post too. "Never even had a bank account" stood out a little for me. I'm sure there are UK nationals who have never had a bank account, but not many that would end up in the described situation.

And of course, I imagine most people in the UK of childbearing age are aware of CB.

divastrop

Is the controlling man your brother then?:huh:

karenx

Yes child maintenance payments are disregarded for benefit purposes now but if she cant prove its a maintenance payment then its right her IS has been stopped. It should be paid via a bank account and marked child maintenance on the statements.

Jowo_2

She should see a solicitor to understand her rights and his obligations.

She should also read the Womens Aid website to see if they are abuse issues and if they fulfill the criteria for assistance from WA as their advice spans housing, debt and benefits. Many people think domestic abuse is about physical violence, but as your friend is discovering, it can also involve control issues, including deliberately financiallly disadvantaging the household. There are regular posts on this forum from women whose partners have abused them and who wreak financial violence on them. This includes fairly similar behaviour where the wage earner tries to force homelessness or tricks them out of the rental or owned home. It's fairly shocking the level of posts we see here that makes clear that its not terribly uncommon for the non resident parent to make their children homeless, saddle their ex with debts and not provide any support even when they are well-off.

Read up on the Shelter website about homelessness and what a local authority is obliged to do when someone applies as homeless. There's also a section on their website about relationship breakdown and also another on how to prevent repossession. That way she can understand what to expect if the lender repossesses the property and she has to apply as homeless to the local council if she can't find a place to rent. Some local councils have deposit guarantee schemes for those on low/no income in housing need.

A local council may deem her to be intentionally homeless if they think her behaviour has led to the homelessness so this is why she should understand her rights and options now before this crisis kicks in. For example, my aunt was once refused assistance from the local council when the bailiff's came and kicked her out of her house. She appealed and won as she was able to demonstrate that she wasn't aware that her husband hadn't paid the bills and had hid the household debts from her. She actually didn't know anything was wrong - the bailiff's simply turned up and turfed her and her children out. (Actually, it's really up to the council to prove the intentionality, anyhow).

If your friend leaves the property ahead of it being repossessed, she could also disqualify herself from assistance. This is why she needs expert advice on all her options and not just focus on IS.