Marriage ending - benefits entitlement

New_Shoes_2

My marriage looks as if it will be ending sometime soon. My husband earns a substantial salary, but I am not sure whether he will pay maintenance. It may be that I have to force the issue.
If he does not pay maintenance would I be able to claim any benefits such as income support etc.
We currently rent our home as we sold our property last year and were waiting to buy another. The fund from the house are in his name (stupid now I know)
If he transfers some of the proceeds into my name (unlikely, but I may be lucky) will this affect any benefits I get?
I think I may get tax credits, but what about housing benefit?
I have two children age 3 & 8. The older one has special needs so it is unlikely that I will be able to find work anytime soon as I have no family childcare I could rely upon.
I know that I need to see a solicitor to get maintenance sorted plus half of the cash, but I am wondering what I could do in the mean time?

BigAunty

You can model your likely benefits in the Turn2us online benefit calculator.

Does your special needs child receive DLA and do you receive carers allowance?

Child maintenance doesn't affect benefits whatsoever - whether he pays up at all or gives you hundreds each month is irrelevant. Receiving child maintenance does not reduce benefits, and not receiving child maintenance does not increase them.

Unlike tax credits, housing benefit and council tax are means tested. Sums of capital over 6k start to reduce them and capital over 16k rule them out.

I believe that while capital doesn't affect tax credits, interest on savings/investments above £300 does but perhaps another MSE member can clarify?

Generally, lone parents can receive Income support (is means tested) but get switched onto Job Seekers Allowance when their youngest turns 7 (will probably reduce soon to when they start school). However, this is bound to be different for children with disabilities so please clarify their status.

pmlindyloo

BigAunty wrote: »

You can model your likely benefits in the Turn2us online benefit calculator.

Does your special needs child receive DLA and do you receive carers allowance?

Child maintenance doesn't affect benefits whatsoever - whether he pays up at all or gives you hundreds each month is irrelevant. Receiving child maintenance does not reduce benefits, and not receiving child maintenance does not increase them.

Unlike tax credits, housing benefit and council tax are means tested. Sums of capital over 6k start to reduce them and capital over 16k rule them out.

I believe that while capital doesn't affect tax credits, interest on savings/investments above £300 does but perhaps another MSE member can clarify? Yes, any interest earned each year above £300 is taken into account/

Generally, lone parents can receive Income support (is means tested) but get switched onto Job Seekers Allowance when their youngest turns 7 (will probably reduce soon to when they start school). However, this is bound to be different for children with disabilities so please clarify their status.

Great post from BigAunty:

In a nutshell you will be eligible for:

Child Benefit

Income Support until youngest turns 7 (5 from 21 May 2012) plus special rules if a child under 18 is receiving DLA middle rate) plus possible premium for disabled child

Child Tax Credit

Housing Benefit (if renting)

Council Tax Benefit

As BigAunty says child maintenance will have no effect on benefits.

HB, IS and CTB are all means tested.

New_Shoes_2

Thank you to both of you for taking the time to respond.
In answer, no I do not claim any DLA or carers allowance.
So the answer is once the youngest is 7 I am expected to find work? Hopefully by then I can sort some sort of maintenance.

ETA: Have just read the Directgov website, the age appears now to be 5. Ther is also something about restricting hours until they are 12. So does that mean
1. I am not expected to look for work until the youngest is 5.
2. After that I can restrict my working hours to school time only till they are 12. I take it that it matters not whether I would be able to actually get a job in which I could choose these hours?

Dunroamin

New_Shoes wrote: »

Thank you to both of you for taking the time to respond.
In answer, no I do not claim any DLA or carers allowance.
So the answer is once the youngest is 7 I am expected to find work? Hopefully by then I can sort some sort of maintenance.

You need to sort out child maintenance as soon as you separate as you can receive this in addition to benefits. You're unlikely to receive any spousal maintenance these days unless there are some very special circumstances.

BigAunty

If your child has special needs of the type that give them mobility or care needs, then look at the DLA and Carers Allowance sections of the Direct Gov website to see if you are eligible.

There is a child support board on MSE. I suggest you get to grips with the CSA process in tandem with your visit to the solictors so you understand your rights and your husband's obligations, the process which takes place if the non-resident parent refuses to pay.

I believe that if you go the CSA route, then it is expected that your husband pays 20% of his net income for two children. From this net income amount, pension contributions can be deducted but not housing costs of the non resident parent or the income/expenses of the parent with care.

MissMoneypenny

New_Shoes wrote: »

ETA: Have just read the Directgov website, the age appears now to be 5.

Yes, now age 5 from May 2012.

23 March 2012 – Support to help lone parents into work

Lone parents will start getting the help they need to look for work earlier rather than stay on benefits, Work and Pensions Minister Maria Miller said today.

Lone parents on Income Support whose child is aged five or over are being informed by letter today that, starting from May 2012, if they are able to work they will need to move from Income Support to Jobseeker’s Allowance where they will receive extra help to return to the workplace. Previously this change has been when their child was aged seven.

http://www.dwp.gov.uk/newsroom/press-releases/2012/mar-2012/dwp027-12.shtml

BigAunty

New_Shoes wrote: »

...

ETA: Have just read the Directgov website, the age appears now to be 5. Ther is also something about restricting hours until they are 12. So does that mean
1. I am not expected to look for work until the youngest is 5.
2. After that I can restrict my working hours to school time only till they are 12. I take it that it matters not whether I would be able to actually get a job in which I could choose these hours?

Yes, that's the case, as far as I know. Someone on JSA signs on every 2 weeks and lone parents should receive an advisor to help them.

Lone parents are only currently required to work 16 hours per week to qualify if their income is low enough to get Working Tax Credits. You can model a 16 hour per week job and the WTC you could get on the Turn2us online benefit calculator.

Just to complicate things further, some of the benefits mentioned here will be replaced when the Universal Credit system is introduced in the next few years. I don't think any members here will want to worry you about this but do keep your eye on future benefit changes when UC is brought in.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_175842

Cornish_piskie

New_Shoes wrote: »

My marriage looks as if it will be ending sometime soon. My husband earns a substantial salary, but I am not sure whether he will pay maintenance. It may be that I have to force the issue.
If he does not pay maintenance would I be able to claim any benefits such as income support etc.
We currently rent our home as we sold our property last year and were waiting to buy another. The fund from the house are in his name (stupid now I know)
If he transfers some of the proceeds into my name (unlikely, but I may be lucky) will this affect any benefits I get?
I think I may get tax credits, but what about housing benefit?
I have two children age 3 & 8. The older one has special needs so it is unlikely that I will be able to find work anytime soon as I have no family childcare I could rely upon.
I know that I need to see a solicitor to get maintenance sorted plus half of the cash, but I am wondering what I could do in the mean time?

The best advice I can give you is to see a good family law solicitor. It's not about whether he will pay maintenance or not - he will have to if he is the father of the children. Also, irrespective of where the proceeds of the house sale are ie, in 'his' bank account, they will be divided up in a financial order at the end of the marriage. I was in a similar position and simply put in a claim for tax credits etc as a single person. Luckily my solicitor agreed to defer their payment until the finances were properly divided and then took their fee from the end 'result'.

You need to speak candidly to your husband regarding maintenance in the interim - will he want to see his children going without? When my ex played the 'I'm not giving you any maintenance' card, I just shrugged my shoulders and said that I would tell his parents the situation and ask if they would buy me a few bags of groceries, that I would speak to the headmaster and ask if the children could have free school meals and if there was any second hand uniform knocking about that he could let us have. My ex was horrified that people would think he was letting his kids go without, gossiping about him and his ego taking a tumble - he soon changed his mind :cool:

Set your store out early on - no matter what has gone on between the two of you to cause a relationship breakdown, the children must absolutely not be affected any more than necessary by it. This is what the solicitors will also drum into both of you. They work in the interest of the children and won't put up with playing silly beggers with money.

Good luck x

Mojisola

New_Shoes wrote: »

I know that I need to see a solicitor to get maintenance sorted plus half of the cash, but I am wondering what I could do in the mean time?

When you do get a lump sum from him, it may affect any means tested benefits you claim.

kingfisherblue

Your child has special needs - does he/she have any care or mobility needs above those of a child the same age? If they do, you may be able top claim DLA for your child. If you get middle or higher rate care, you can then claim carer's allowance if you fulfill the remaining criteria (eg caring for at least 35 hours a week, you not being in full time education).

If you get DLA for your child, you also need to let tax credits know, and what rate, as there are additional amounts added on for disability.

If you get carer's allowance, you can claim income support for as long as you remain in receipt of CA. My youngest is 12 but I still get IS as I care for my disabled son. Income support is a passport benefit to other allowances such as free school meals, uniform grant (in some areas - not all local authorities have these), free prescriptions and eye tests, etc.