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really need help!

Hi all, in desperate need of help!

After starting my new job after maternity leave in september, me and my kids dad have finally split as he doesn't want to be the family man he once claimed he wanted to be. My job is as a home carer, although I told my employer I was available for 40hrs a week, for the last 4 weeks I've had between 16 and 11hrs a week. I've not yet received pay as it was working a month in hand and my first pay is likely to be little due to the time of the month in which I started. Now the house that me and the kids are living in is private rented but its in my ex's name. He's decided to leave the house tempoararily and continue paying the rent whilst we find somewhere else to live as he had requested us to leave and intends to return when we are gone. I have been to the council with regards to this but its not likely to happen soon as he won't give the council a timescale in which he wants us to leave. In the meantime, I'm struggling awfully financially. The child benefit payment I receive is paid straight back out again on the council tax, and I'm finding it difficult to find money for food, nappies etc. I've taken my youngest off the sma (10mnths old) giving him whole cows milk as I couldn't afford to buy that either (my mum and sis are bically buying everything) I get tax credits which is due to reduce twice for my starting a new job and for youngest turning one. My sister had enough of the situation and applied for the csa with her being representative but she says she's heard nothing yet, which I expected the second she told me she'd done it. I seem to be trapped, having to claim joint tax credits even when he's not staying here, paying bills which aren't really mine and full council tax on a tenancy that's not mine, literally having an empty bank account and not knowing how I'm going to pay the next bill that appears. What do I do??? Anyone??? :(

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 25 October 2010 at 4:11PM
    You may be better off finding private rented accommodation. If you are on a low income you should qualify for LHA and council tax benefit. The deposit may be a problem, but you may qualify for a deposit bond from your local council.

    If you can work at least 16 hrs a week, you should qualify for working tax credits.

    Any money that your ex gives you (either through CSA or voluntarily) is completely disregarded for tax credits, and for income support (as a lone parent with a small baby, you are not obliged to seek paid employment, although I appreciate you may prefer to work if possible)

    I suggest that you go and see the CAB and get some detailed advice as I suspect that you are not getting all the benefits to which you are entitled.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Don't forget the very basic thing - contact the council about council tax rebate - as he has left you you are entitled to the 25% rebate which will make a little contribution to your cash flow!
  • I went for a meeting with the council last tuesday and she said she woud speak to the council about the situation with regards to council tax but I've heard nothing :( my work hours are basically what they give me. I've had 4 hours taken off me this week due to a lady going into hospital. I'm at a loss completely!
  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If he's not staying there, can you change your TCs claim to a single claim? Why are you paying bills that aren't yours?
    Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    sh1305 wrote: »
    If he's not staying there, can you change your TCs claim to a single claim? Why are you paying bills that aren't yours?

    I think OP means that the tenancy and all the bills are in her ex's name, but she is living there, so paying them. It is possible that she won't be able to get a reduction for the council tax because she is not the person who is liable to pay it - it is her ex, but presumably he is just staying elsewhere temporarily, so he may well be classed as still living there - but I am guessing, which is dangerous. Having said that - IF he is liable for the CT bill - which seems likely - then in OP's shoes I feed my kids and not pay the CT bill.

    OP is there any chance of him handing the tenancy over to you?
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    edited 25 October 2010 at 6:26PM
    Speak to Shelter about your potential homelessness if you can't find private rental accommodation. The Shelter website has a section on homelessness, including how a local council should process an application from those in priority (i.e. those with children). Homelessness isn't just about sleeping on the street, the legal definition is about having insecurity of tenure within the next 28 days. Citizens Advice Bureau should also be able to advise you of your options.

    Many local councils operate a deposit guarantee scheme for those on low income or housing need. See if your council does and what the criteria is.

    Can you find a more reliable employer in your local area, one who can give you decent regular shifts?

    This is the council tax hierarchy of liability that dictates who is responsible for the CT. From this, I understand that you are obliged to pay the CT as he isn't occuping it but there's nothing to stop you from negotiating this with your ex or double checking with your council.

    http://www.adviceguide.org.uk/index/life/tax/council_tax.htm#Whohastopaycounciltax



    The hierarchy of liability is:
    1. a resident owner-occupier who owns either the leasehold or freehold of all or part of the property
    2. a resident tenant
    3. a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
    4. any resident living in the property, for example, a squatter
    5. an owner of the property where no one is resident.
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