Am I elegable for HB whilst owning a flat?

Kt2012

Don't know how many times I have called the local council to ask this question! Emailed but they can't reply! Can anyone help? I'm really worried I'm going to get myself into trouble or be unable to pay bills.

I have split from other half, have 2 kids 3 years and 6months. I currently own a flat with Ex which is currently on the market.
We are not expected to make anything from the sale infant I think we'll be at a loss! Also it's not selling as we are having issues with our neighbour which is putting people off!

I am looking at renting somewhere but am worried due to still owning the flat I won't be elegable to any benefits?? I'm currently on maternity leave but due to go back soon, when I will be working 20 hours a week.

I'm so worried I'm going to move into a house and then be told sorry no help! Has anyone been in this situation?

Any help would be appreciated.
Thanks

pmlindyloo

Where are you living now? Can't you stay in the flat until it has sold?

As regards your owning the flat , if it is in negative equity then for Housing Benefit purposes it won't be treated as capital.

This is from the Merton Council website but will apply to all councils:

Valuing savings and investments

Savings are taken at face value.
Where a claimant or their partner holds property, shares or anything else that needs to be valued there are rules regarding how these are valued. Generally there are three steps to this process:

1. take the current market or surrender value of the investment item
2. then disregard 10% of that value if selling it would involve costs
3. then disregard any mortgage or loan secured on it

The market value of property is assessed by the Valuation Office Agency and Merton applies to them for a valuation to be done.

paddedjohn

Why don't you just live in the flat?

Kt2012

Was staying at the flat but it's turned nasty ( the split I mean) he never wanted to buy the flat and his family leant money for deposit. He's now saying he wants to sell etc..... I can't have the kids around the situation anymore affect my 3 year olds behaviour.

BigAunty

Property you own but do not occupy [HB Sch 6, HB(SPC) Sch 6; CTB Sch 5, CTB(SPC) Sch 4]

The value of this property is counted as capital but you may be able to get HB/CTB even if the value of the property means that your savings are more than £16,000. This is because the value of the property may be ignored when your savings are worked out, in certain circumstances.
If the property is occupied by an elderly or disabled relative as their home, its value is not taken into account for as long as it is so occupied.
If you have recently acquired the property and you intend to occupy it as your home, its value may not be counted for 26 weeks, or for a longer period if reasonable, from the date you acquired it.
If you are trying to sell the property, its value may not be counted for the first 26 weeks after you start doing this. It may not be counted for longer than this if you are finding it difficult to sell the property.
If you are carrying out essential repairs or alterations so that you can live in the property, its value may not be counted for a period of 26 weeks from the date you first arranged for repairs to be carried out. It may not be counted for longer than this if you are finding it difficult to finish the work.
If you are taking legal action so that you can live in the property, its value may not be counted for the first 26 weeks after you start doing this. It may not be counted for longer than this if legal action is continuing and you cannot live in the property.
If you have left the property after the breakdown of a relationship, and it is occupied by your former partner, its value may not be counted for the first 26 weeks after you left. If the property is occupied by your former partner and they are a lone parent, the property will not be counted for as long as it continues to be so occupied.

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/working-it-out/income-and-capital/

Kt2012

Thank you so much for taking the time to reply! Feel like crying! Felt like I had no1 to help me xxx

BigAunty

Kt2012 wrote: »

Was staying at the flat but it's turned nasty ( the split I mean) he never wanted to buy the flat and his family leant money for deposit. He's now saying he wants to sell etc..... I can't have the kids around the situation anymore affect my 3 year olds behaviour.

See the Shelter website, their relationship breakdown section, as this will give you pointers on your rights and options.