Help please

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

Replies

  • nannytone_2nannytone_2 Forumite
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    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
  • letthemeatcakeletthemeatcake Forumite
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    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
  • 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!
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • letthemeatcakeletthemeatcake Forumite
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    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?
  • 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.
  • RASRAS Forumite
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    I understood that there was a 6 month or so disregard during which the OP could use the capital to buy another property?
    The person who has not made a mistake, has made nothing
  • edited 1 August 2013 at 2:09PM
    Housing_Benefit_OfficerHousing_Benefit_Officer Forumite
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    edited 1 August 2013 at 2:09PM
    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.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
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