income support & housing benefit

di.goby

Hi

I am new to this forum. I need some help and was thinking that this is the place to get advice from. I have recently separated from my husband and now live alone with 2 kids. One is under 5, the other one is under 1. I am still on maternity leave but not getting paid anymore and due to return to work in february 2012.
I am now experiencing financial problems, as not getting paid and no support from husband.
I would like to know if I can claim income support & also apply for housing benefit whilst still on maternity leave. The main point being that I don't get any money and can't return to work at the end of mat leave due to having a child under 1.

I would appreciate if you could advise me on the above issue please

ninacasino2003

Yes you can apply for both. IS should not be an issue, you can claim for HB too.

I have 2 children (about the same ages) and get IS, LHA Local housing allowance, private rent, 2 bedroom rate), CTC and CB.

You need to also get support from the father(s) of your children either by private agreement or goto the CSA. All support from the father(s) will not effect your benefits!

LL30

Is there any work reason why you can't return due to your child being under 1? Never heard of that one!

Fiver29

If you don't return to work, and you've received any enhanced maternity pay, you may find you have to pay it back.

McKneff

You can go back to work whenever you like. You dont have to wait till your baby is a year old.

di.goby

Thanks for the replies. I appreciate all the assistance.

Just want to add on that the reason why i cant go back to work is that i dont want to send my child whose under 1 to any nursery/nanny etc. MY other child who is 3.5 years attends nursery three hours a day. In the past my partner who is self employed would sit with them and I unfortunately have no close family here.

Fiver29 could you please explain the issue of returning the maternity pay, thanks.

Oldernotwiser

Do you still live in the marital home and, if not, was it rented or owned by you and your husband?

LL30

Whilst I understand your reluctance to put your lo in childcare, going down the benefits route really is an awful path to follow. My lo went to nursery from 7 months - only 2 days a week mind, and it's done her the world of good (and me!). Surely if your paid mat leave is over, your lo must be approaching 1? Could you do part time work? I'm saying this because once you're out the work force, it's harder to get back in (along with a bazillion other reasons for working actually, but I'd be typing all day!). As ONW pointed out, HB could pose problems if you have a mortgage also. Life on benefits is flaming dreadful and I'd warn anyone never to go down that path unless you have no other options - which you do.

The maternity pay issue - if you got more than MA or SMP, you have to pay it back if you don't return to work.

RAS

di.goby wrote: »

Fiver29 could you please explain the issue of returning the maternity pay, thanks.

If your employer paid you more mat pay than is required by law and you do not return to work, then you have to repay the extra money.

You can get round this by returning to work for a short-time (check out the details of your company maternity scheme which may be on-line). Ours is three months.

You may be able to get round some of this if you have accrued holiday entitlement whilst you were on maternity leave, meanign that you can "work" that time but not actually go into work. Beyond that, you may need to get child care to cover the rest of the period (which would be part-funded by CTC), or make a deal with your employer.

Fiver29

di.goby wrote: »

Thanks for the replies. I appreciate all the assistance.

Just want to add on that the reason why i cant go back to work is that i dont want to send my child whose under 1 to any nursery/nanny etc. MY other child who is 3.5 years attends nursery three hours a day. In the past my partner who is self employed would sit with them and I unfortunately have no close family here.

Fiver29 could you please explain the issue of returning the maternity pay, thanks.

If you don't want to go back to work after your maternity leave, you must give the notice set out in your contract. Ideally, you should give notice that coincides with the end of your maternity leave. This is to ensure you get your maximum entitlements.

You should be paid in lieu for any holiday you haven't taken, including any built up during your maternity leave. You do not have to repay your statutory maternity pay. But some employment contracts can require you to repay all or part of any enhanced maternity pay

Explains it better than me

di.goby

Once again thank you for answering all my questions.

oldernotwiser- yes, I still live in my marital home with my kids. It is rented. I am the one who signed tenancy agreement. Would it be a problem if it was in his name??

LL30 & RAS- I have spoken to my employer in regards to whether I will have to pay money back if I don't return to work. HR department advised me that if I notify them 8 weeks before my mat.leave ends, I won't have to pay anything back.

LL30- Thanks for advice. I understand that it will be beneficial for my little one to get to nursery asap, but just can't imagine sending 9 months old one to the nursery. he can't walk, talk etc. Plus my older one attends nursery for 3 hours a day. By the time I drop him off there and pick him up, thats at least 40minutes. Where am I ever going to find a job working for 2 hours a day?? I might consider extending his nursery hours and maybe sending little one to nursery as well in the near future but not at the moment. I need to think about how I am going to pay for my rent this month etc.