Help please

naive_ninny

I am currently on ESA and DLA due to serious mental health issues. I found out my husband was having an affair with a very good friend ...this led to a severe episode of illness and I left the marital home...sleeping rough for sometime......Im since divorced and a court order was made for the sale of the marital home. Some yrs later it appears to be selling. My question is ....is there any way I can keep hold of any of the money from the sale ? I ask as the DWP have been taking a considerable amount from my ESA already as they say my share of the house is an asset and they also said they would reclaim all of the housing benefit paid from when I was placed in social housing.........So tired and down from constantly being penalised for : an illness i cant help and my ex husbands affair :mad: ......he continues to live the life of Riley

nannytone_2

you wont receive full ESA/housing benefit/council tax support until the capital falls below 5k.

the only alternative * if there is enough capital) is to use the money to buy yourself a home

letthemeatcake

I hope your share of the house will be enough to buy you a place of your own and you can start again.Don't let him ruin the rest of your life x

Housing_Benefit_Officer

naive_ninny wrote: »

and they also said they would reclaim all of the housing benefit paid from when I was placed in social housing.........

This advice is totally wrong. They will only take capital into account from the date you receive the proceeds - not ask back all the HB that has been paid!

letthemeatcake

If the OP moved out of the property and into rented accommodation would her share of the property be counted as capital?

I'm assuming the OP moved out of the property, the husband stayed there and it now looks like it is finally being sold. Is that correct OP?

Dunroamin

nannytone wrote: »

you wont receive full ESA/housing benefit/council tax support until the capital falls below 5k.

the only alternative * if there is enough capital) is to use the money to buy yourself a home

You hit the wrong key - £6K.

RAS

I understood that there was a 6 month or so disregard during which the OP could use the capital to buy another property?

Housing_Benefit_Officer

RAS wrote: »

I understood that there was a 6 month or so disregard during which the OP could use the capital to buy another property?

Disregarded for 26 weeks or reviewed and disregarded for anther 26 weeks depending on the circumstances and if problems selling the property.

Once sold only disregarded for 26 weeks if the O/P is going to buy a property. Just saying that the capital is going to be used to buy a property wouldn't suffice. They would need things like sight of the mortgage offer, evidence of making offers on a property etc.