Claiming Housing Benefit after separating?

milliebear00001

Hi there - I have a complicated query that nobody seems to be able to provide an answer to.

My husband and I have recently separated, with him moving into a rented flat. I am currently living in the family home (which we own - mortgaged) with our children.

My husband claims Contributionary ESA (Support Group) and DLA and needs to claim Housing Benefit and Council Tax benefit. Our query is whether he will be able to claim this, given that he is the joint owner of our property? Is the Local Authority likely to see him as having made himself 'intentionally homeless' and refuse his claim?

Thanks in advance.

Caz3121

How much equity is there in the property?
Is the property going up for sale

His share of the equity may discount him from any means tested benefits including housing benefit although they can ignore this whilst the property is being marketed for sale (26 weeks and sometimes they will extend)

His Contribution based ESA and DLA will be unaffected

milliebear00001

I would estimate there is approximately £15000 equity in the property after fees. We had not planned to sell, as our children are still primary school aged. I am covering the mortgage at present.

pmlindyloo

The capital in your house would be disregarded indefinitely while you and the children are still living there:

http://www.dsdni.gov.uk/ssani-hbdmg

click on chapter 15 and scroll down to 17200 para 5

milliebear00001

Thank you for that. The site you link to is for Northern Ireland though - is this also the position in England? Is there an equivalent document I could view concerning English law?

pmlindyloo

milliebear00001 wrote: »

Thank you for that. The site you link to is for Northern Ireland though - is this also the position in England? Is there an equivalent document I could view concerning English law?

Yes, it's the same.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236960/hbgm-bw1-assessment-of-capital.pdf

W1.200 para v

milliebear00001

Thank you - you've been very helpful

BigAunty

milliebear00001 wrote: »

Is the Local Authority likely to see him as having made himself 'intentionally homeless' and refuse his claim?

Intentional homelessness has nothing to do with housing benefit - it's about whether or not a local authority has any statutory obligation to help someone who has approached their homelessness services, whether or not they will be refused housing on the grounds that their behaviour contributed to their eviction, such as not paying the rent when they could have, anti social behaviour or if they left a property when they did not need to.

There is a poster on this forum called 'Housing Benefit Officer' who will be able to tell you whether or not the marital home has to be up for sale in order for the tenant elsewhere to not have the capital (their share of the equity) taken into account for all means tested benefits, like income based ESA, council tax, housing benefit.