Advice needed please re what can be claimed

meer53

Hi, i'm asking questions on behalf of my ex husband. Long story, 9 years separated, we're good friends.

This week, he's been advised that he no longer has a job. Not paid in August, salary was previously approx £90,000, company car, phone, etc. It's come about through a complicated situation caused by his GF and he now has temporary custody of their 2 boys, aged 4 and 2. She is about to be charged with money laundering and running a brothel :eek: (i said it was a long story !)
I have 2 children to him, aged 24 and 11 and i work part time.

A payout is being negotiated for him by his employer in lieu of the 12 months notice they're supposed to give him as per his contract (he wont get the 12 months notice due to some shady dealing which they have agreed to overlook if he accepts the package they offer him, will probably be about £25,000 in total) This will probably be in cash.

My question is this, what benefits will he be entitled to now he is officially unemployed ? He's never claimed anything before, ever.
His GF at present gets the Child Benefit and Child Tax Credits although she only has the boys overnight Saturday every week. Another custody hearing due Oct 6th but as she's due in court again 26th Oct can't see her getting custody !
I'm struggling now as he can't pay me any maintenance so i'm trying to help him claim what he can as soon as possible.
Anyone with any experience of this situation and what is available please ? Would he be able to get help with his mortgage ? The house has been up for sale for about 8 weeks, (his, not mine) he's reduced it by £65,000 so far. If he sells the house i might get some money !

flutterby_lil

Getting a huge payout like that he won't be entitled to anything.

You have to be cruel to be kind, you know he will have some money so ask him to pay you every month/week what he already pays you.

Why should the state keep him when he will have money?

meer53

flutterby_lil wrote: »

Getting a huge payout like that he won't be entitled to anything.

You have to be cruel to be kind, you know he will have some money so ask him to pay you every month/week what he already pays you.

Why should the state keep him when he will have money?

The money he will get will go to pay the things he hasn't been able to pay since his salary stopped (bills, mortgage etc) and he has huge solicitors bills from fighting for custody of his kids. There won't be a great deal left from his payout. Surely he should still be entitled to CTC and CB if he has custody ?

Lady_gaga

if he's paid enough conts he should be entitled to JSA conts based for up to 26 weeks, if he has custody of the kids then he needs to get the child benefit and tax credits transfered to him.

meer53

Lady_gaga wrote: »

if he's paid enough conts he should be entitled to JSA conts based for up to 26 weeks, if he has custody of the kids then he needs to get the child benefit and tax credits transfered to him.

Thanks for that, he's been a higher rate taxpayer for years so would imagine his contributions should be ok. He's been with this employer since 2001. Hopes not to be out of work for too long but as we all know, this will prove difficult. He was self employed for years before that but he always paid his NI.

Lady_gaga

meer53 wrote: »

Thanks for that, he's been a higher rate taxpayer for years so would imagine his contributions should be ok. He's been with this employer since 2001. Hopes not to be out of work for too long but as we all know, this will prove difficult. He was self employed for years before that but he always paid his NI.

as long as he's paid fully for years 08/09 and 09/10 he should be OK.
Tell him to get the child benefit thing sorted out though as that will enable him to get that and child tax credit.

If he's living alone now as the only adult he needs to put in for the single person discount for council tax (25% reduction)

rogerblack

meer53 wrote: »

The money he will get will go to pay the things he hasn't been able to pay since his salary stopped (bills, mortgage etc) and he has huge solicitors bills from fighting for custody of his kids. There won't be a great deal left from his payout. Surely he should still be entitled to CTC and CB if he has custody ?

Just beware of the deprivation of capital rules.
If he pays off things that are not immediately due for repayment, he risks being treated as if he still had the cash.

Lady_gaga

rogerblack wrote: »

Just beware of the deprivation of capital rules.
If he pays off things that are not immediately due for repayment, he risks being treated as if he still had the cash.

it sounds more like he'll need to catch up with missed payments than pay extra...

meer53

rogerblack wrote: »

Just beware of the deprivation of capital rules.
If he pays off things that are not immediately due for repayment, he risks being treated as if he still had the cash.

Thanks for the advice folks. He has missed quite a few bills etc so it will be a case of catching up. The solicitors bills are also unpaid and overdue, luckily they're being quite sympathetic for now, he still has a fight on his hands.

nannytone_2

so she claims all the child related benefits even though the kids arent living with her?

you could then add benefit fraud to her ongoing list of misdemeanours!

sunnyone

nannytone wrote: »

so she claims all the child related benefits even though the kids arent living with her?

you could then add benefit fraud to her ongoing list of misdemeanours!

Plus on £90kpa there is no way you can claim tax credits........