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benefits entitlement complicated

Hi i just posted on another thread. don't know if anyone can help. i am recently single with 2 kids. own our own home and do not work due to disability. I also own with hubby an investment property that is in negative equity by £20k. CAB think i won't be entitled to any benefits cos i have an investment even though at a loss. I can't sell cos neither i nor ex have £20k can't get my name taken off, mort company won't let me cos its in negative equity. What do i do to feed and house my kids?
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  • bryanb
    bryanb Posts: 5,034 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 16 September 2010 at 7:14PM
    If disabled, DLA is not means tested.
    Stop paying the mortgage, then the lender will repo and sell.
    Feed kids with maintenance payments from hubby.
    Then you'll have 10k debt and be entitled to benefits.
    This is an open forum, anyone can post and I just did !
  • I know but £400 won't feed and house the kids. thats all i get for dla
  • then why not sell the house your in and move into the "investment" property?
  • bryanb
    bryanb Posts: 5,034 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I know but £400 won't feed and house the kids. thats all i get for dla


    I've added a bit to my post above.
    This is an open forum, anyone can post and I just did !
  • I know but £400 won't feed and house the kids. thats all i get for dla

    yes, but with 2 kids you'll also be getting child benefit, child tax credits and maintenence from the ex, much more than £400 per month
  • I can't get any benefits according to cab. My mort is 1200 a month we took it out before i got ill. we can't sell as no money in house and other property is 150 miles away. I'm not after sympathy i just need to know wther investment property would stop me getting benefits or not as i don't seem to be able to get sensible answer
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Do you not have tenants in the investment property? Are they covering that mortgage?
    Gone ... or have I?
  • Hi yes and yes
  • if you can show that the property is in negative equity then you could be entitled to either income Support (if at least 1 child is under 7yrs) or JSA if not. Though other property is treated as capital, the value is worked out by deducting any loan secured against it, so you may have a case. Also (rent) income from 'capital' is treated as capital not 'income' so again you could be entitled. The only way to be sure is make a claim and let the Decision Maker decide.
  • cassieB57 wrote: »
    (if at least 1 child is under 7yrs)

    Soon changing to 5yrs
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