Domestic violance help. New life, new start, no money!

becky81

Hello
My mum lives in France with my dad as they moved from the uk 6 years ago.
My mum, after years of mental and physical abuse, cannot take anymore, and has moved to a friends house for saftey. She is moving back to the uk to stay with myself or my sister. As shes leaving my dad, he now has the house and everything in it. In france it is law that my mum cannot ask for him to sell the place, or give her any finances/bank cards, until they have "lived apart" for 3 years"!!
When my mum comes back home in a few days, what can she claim, if anything? Shes 56 and has arthritus in her spine, fingers, and hips. She doesnt want to ask for help, as she has never claimed a penny in her life, and has always worked, so for her this is very hard.
She wants to have her own home, but my dad has all the money in his bank account.

Any help, or advice would be great
Thanks

Jowo_2

Womens Aid is a good place to start - they can advise on her housing and benefit rights. They specifically help people fleeing domestic abuse. They should be able to advise if there are any habitual residency criteria.

If she is too sick to work, she should look into Employment Support Allowance. If she has care/mobility issues, then Disability Living Allowance. The DirectGov website is a good starter to explain the criteria and application process for them.

The Turn2us online benefit calculator should help her. Other members on MSE can advise about the potential impact of Habitual Residency tests.

becky81

Jowo wrote: »

Womens Aid is a good place to start - they can advise on her housing and benefit rights. They specifically help people fleeing domestic abuse. They should be able to advise if there are any habitual residency criteria.

If she is too sick to work, she should look into Employment Support Allowance. If she has care/mobility issues, then Disability Living Allowance.

The Turn2us online benefit calculator should help her. Other members on MSE can advise about the potential impact of Habitual Residency tests.

Thank you so much xx

Oldernotwiser

What advice has she had about the legal situation in France? If it's from a lawyer or notaire then fair enough but if it's just from a friend it may not be accurate. Whichever it is, she'll need to be able to prove it to be able to claim here. She'll also need to pass the Habitual Residence Test before being able to claim any benefits.

NickyBat

Hasn't she got her own bank card for their account that she could use to empty before she leaves?

becky81

Oldernotwiser wrote: »

What advice has she had about the legal situation in France? If it's from a lawyer or notaire then fair enough but if it's just from a friend it may not be accurate.

She loooked into it a few months ago, and asked a lawyer friend of hers

NickyBat wrote: »

Hasn't she got her own bank card for their account that she could use to empty before she leaves?

Nope, my dads always been very controlling, even when she worked her money always went into his account.

danaharrison

hi becky, im sorry to hear of your mums predicament but im very glad she has had the courage to protect herself. it might be worth getting her to speak to the CAB they will be able to advise her wot benefits she will be able to claim for also if she will be able to get legal aid to speak to a solicitor and start the ball rolling from this end.

krisskross

She will need to pass the Habitual Residence scrutiny. I believe this is to stop people coming here with the intention of solely claiming benefits or getting medical treatment. And it does sound as if she will be wanting to claim benefits straightaway.

oops sorry ONW, just seen you have already said this.

tanith

Becky are you on good terms with your Dad? Could you not intervene on her behalf so that he might give money to tied her over till she gets sorted out.. I understand if thats not possible just thought maybe if the request came from his child he might see the sense of it..