Separation and Benefits

seven-day-weekend

Hi, wonder if you can give me some advice for a relation.

The situation is, they are male 64 and female 59, claiming Pension Credit based on the man's age. They have a Housing Association house on which the Rent and Council tax is paid. This has both their names on the tenancy.

The man has just had a lengthy stay abroad (about seven months) and because of this has had an interview under caution (during which I am led to believe he has been less than truthful about his assets). The woman has now been called into an IUC, she is going to tell the whole truth and so far, as far as I am aware she has done nothing wrong.

They have now decided to divorce and the man has moved back to live with his parents (yes they are both still alive!).

What will happen about the Pension Credit while they are separated? The woman is not entitled to it in her own right, only on the back of her husband's age.

What will happen about their joint tenancy if he does not live there? Will the rent still be paid?

I understand that when they are divorced the woman can go on Jobseekers' Allowance in her own right, or get a job, it's the bit in between I am asking about on her behalf.

Dunroamin

This is pure supposition but surely if they haven't declared assets and it's a joint claim for PC/HB/CTB, she's equally culpable?

seven-day-weekend

Dunroamin wrote: »

This is pure supposition but surely if they haven't declared assets and it's a joint claim for PC/HB/CTB, she's equally culpable?

Yes I suppose she is (although AFAIK she personally has not deliberately undeclared anything, she assumed he had declared it).

Her husband told her that he denied having assets abroad during his interview under caution, although they have a small plot of land worth about £10k. She is taking proof of this to her IUC. She also has a valuation of the land , she is taking proof of that too.

They have no other savings, so actually the value of the land should not make any difference, should it (although lying about it might).

PippaGirl_2

He can reliquish his rights to the tenancy leaving it in just her name. She would be entitled to HB and CTC based on her income and savings.

sleepless_saver

PippaGirl wrote: »

He can reliquish his rights to the tenancy leaving it in just her name. She would be entitled to HB and CTC based on her income and savings.

CTC=child tax credit. You mean council tax benefit?

Once they have separated she can claim in her own right as a single person. Presumably she'll be looking for work but until she gets it she can claim jobseekers allowance..

PippaGirl_2

sleepless_saver wrote: »

CTC=child tax credit. You mean council tax benefit?

Whoops! Yep I meant CTB :doh:

seven-day-weekend

Thanks everyone, I will tell her

I assume that if he doesn't relinquish his tenancy, but doesn't live there, then only her share of CTB/Housing Benefit will be paid?

She will be looking for work, but obviously may not get anything straight away.

PippaGirl_2

No, HB and CTB is always worked out on who is living in the property not who is on the tenancy agreement so she can place a claim in as a single person straight away if he has moved out. She needs to make sure all his mail is not sent to her address any longer and that he does not pay any household bills though. So they are separate financially.

seven-day-weekend

PippaGirl wrote: »

No, HB and CTB is always worked out on who is living in the property not who is on the tenancy agreement so she can place a claim in as a single person straight away if he has moved out. She needs to make sure all his mail is not sent to her address any longer and that he does not pay any household bills though. So they are separate financially.

Thanks, very helpful. I am not used to the ramifications of renting (nor divorcing!) and am not sure how to advise her.

If he is not to pay any household bills, then who does? She has been told she is not entitled to any Benefits while they are still married. Therefore she has no income.

Edited to add: They may have just told her she is not entitled to Pension Credit. She could claim Jobseekers' Allowance, as mentioned above, if they have separated. Have I understood that correctly?)

mazza111

I'd still say if he's willing to remove his name from the tenancy then she should do so.

PippaGirl_2

Yes, JSA if well enough to work or ESA if not. However if they are going to divorce she should see a solicitor and she can apply for interrim maintenance from her xh which she is likely to get tbh. That can be done fairly quickly but she can apply for JSA meanwhile.