Separation/HB/Joint Tenancy and TC. Help.

[Deleted User]

STBXH and I separated at the beginning of September. We have one child together. We used to get Tax Credits and HB some time ago but this has stopped.

I called TC once after the separation and was told I couldn't claim as a single whilst still living at the same home. It was not easy for him to find a place to move to (London) and I realised I could make a single applicant whilst he was still here, so I called again and the attendant confirmed that i could receive some money as a single but she would juts reinstall the same old application with the amends. I gave her all the details, date of separation and my last year income.
They just sent me a letter saying we are entitled to £0 as a couple with no mention to my single application. I will call again on Monday to question and try to understand it.

Now, HB. I know I will be entitled to HB. My STBXH now has (finger cross, agreement to be signed tomorrow) a moving date for the beginning of November. He has paid the rent for October on the 1st of the month but he will not pay the rent for November here, but on his new place. Will I be able to receive any money from HB by the time I need to pay the rent in November?
Will tax credits wait until he moves out or can they look at my case beforehand so I will be able to pay the bills for Nov too?
I actually have 2 part time jobs. The amount 25 hours a week + 8 hours on a Sunday. However sometimes I am required to work extra hours during the week, it is unpredictable, out of my control and short notice. And I don't want to say no, as I intend to become full time in one of the jobs soon. So I am scared to have a benefit overpayment. Also from my job on Sunday I earn £7/hour. Would I be better off letting the job on Sunday go?

Another question. We have a joint tenancy agreement with a private LL. I am thinking about not letting the LL know about the separation but changing the standing order from STBX bank account to mine. The reason behind it is that our rent at the moment is a very good value for money, so if I am to move, I will have trouble finding a 1 bedroom flat for the same price never mind a 2 bedroom. So I am concerned if we notify the LL abut the change of circumstances, he will give me notice and take the opportunity to get new tenants in and charge more. We have been good tenants and have a good relationship with LL. He doesn't mind us claiming HB because we claimed at some point.
Will this affect my HB, if STBXH is still on the tenancy even though he will be leaving somewhere else? I can send his new contract and LL's details to the HB office to support my single claim?

bloolagoon

How was it hard to find a place in London as a singleton?

Are you separated or is he just working there?

Icequeen99

Deleted_User wrote: »

STBXH and I separated at the beginning of September. We have one child together. We used to get Tax Credits and HB some time ago but this has stopped.

I called TC once after the separation and was told I couldn't claim as a single whilst still living at the same home. It was not easy for him to find a place to move to (London) and I realised I could make a single applicant whilst he was still here, so I called again and the attendant confirmed that i could receive some money as a single but she would juts reinstall the same old application with the amends. I gave her all the details, date of separation and my last year income.
They just sent me a letter saying we are entitled to £0 as a couple with no mention to my single application. I will call again on Monday to question and try to understand it.

Now, HB. I know I will be entitled to HB. My STBXH now has (finger cross, agreement to be signed tomorrow) a moving date for the beginning of November. He has paid the rent for October on the 1st of the month but he will not pay the rent for November here, but on his new place. Will I be able to receive any money from HB by the time I need to pay the rent in November?
Will tax credits wait until he moves out or can they look at my case beforehand so I will be able to pay the bills for Nov too?
I actually have 2 part time jobs. The amount 25 hours a week + 8 hours on a Sunday. However sometimes I am required to work extra hours during the week, it is unpredictable, out of my control and short notice. And I don't want to say no, as I intend to become full time in one of the jobs soon. So I am scared to have a benefit overpayment. Also from my job on Sunday I earn £7/hour. Would I be better off letting the job on Sunday go?

Another question. We have a joint tenancy agreement with a private LL. I am thinking about not letting the LL know about the separation but changing the standing order from STBX bank account to mine. The reason behind it is that our rent at the moment is a very good value for money, so if I am to move, I will have trouble finding a 1 bedroom flat for the same price never mind a 2 bedroom. So I am concerned if we notify the LL abut the change of circumstances, he will give me notice and take the opportunity to get new tenants in and charge more. We have been good tenants and have a good relationship with LL. He doesn't mind us claiming HB because we claimed at some point.
Will this affect my HB, if STBXH is still on the tenancy even though he will be leaving somewhere else? I can send his new contract and LL's details to the HB office to support my single claim?

You will need to find out from tax credits if they have actually terminated your couple claim and made a separate single claim.

If you leave the joint tenancy, unless you have lots of evidence of him living elsewhere, you are going to have a difficult time proving to tax credits you are separated. They will likely check this in a year or so.

IQ

[Deleted User]

We are separated with a view to get a divorce at some point.

We all live in London and the reason why it has been difficult to find a place is because he wanted to stay close enough to our daughter and his work. We both don't drive and rely on walking and public transport.
He was hoping to get a bed sit of his own but as I said, we pay a very good deal for rent and prices have gone up so much that a small bed sit here cost a fortune. Even sharing accommodation is too expensive. He has been to see some bedrooms is shared houses/flats but he needs to be careful as my daughter will be visiting him and staying over sometimes. He also works full time and this makes looking and viewings very difficult because in London the house market is very dynamic.
He finally found a ensuit double bedroom in a shared house that is close enough to the joint rented flat and daughter's school, good transport links to his work and he can afford to pay for it so luckily he will sign the contract with the Landlord today.

bloolagoon wrote: »

How was it hard to find a place in London as a singleton?

Are you separated or is he just working there?

[Deleted User]

Icequeen99 wrote: »

You will need to find out from tax credits if they have actually terminated your couple claim and made a separate single claim.

If you leave the joint tenancy, unless you have lots of evidence of him living elsewhere, you are going to have a difficult time proving to tax credits you are separated. They will likely check this in a year or so.

IQ

I will put all the bills in the joint rented flat in my name and the direct debts from my account. He will have his tenancy agreement in his new place on his name plus his bills and banks statements etc changed to his new address. I hope this is ok?
I am a childminder and I know how hard it is getting LL to agree with me running a business in their property and also if I move I have to deal with a lot of bureaucracy to change my registration over (if I am luck enough to find an affordable place and a understanding LL). Basically if I move I am at risk to lose one source of income.

pmlindyloo

Some general answers to the benefits questions.

To prevent a lot of hassle it is best to apply for these with the date of when your OH actually moves out. You can certainly apply in advance as you have a date for when his tenancy begins. Whether this will speed up the process or not no one can tell! Let's hope so. However, you must be prepared for some delay so make contingency plans.

As regards your tenancy agreement then your OH leaving will not affect your tenancy as long as the rent is being paid. But your OH must realise that as a joint tenant is he also responsible for the whole rent (joint and several responsibility). As long as he is happy about that then there isn't a problem.

I understand what you are saying about you not wanting your landlord to know but if you pay your rent then why should he have a problem? It would be better for your OH to be taken off the agreement asap. Are you in a fixed term or periodic ? (month to month) The LL cannot try to evict you if you are still in a fixed term.

Do make sure that absolutely everything is put into your name and that your OH has no financial links with you whatsoever. Financial links are one of the reasons benefit investigations are flagged up.

bloolagoon

pmlindyloo wrote: »

Some general answers to the benefits questions.

To prevent a lot of hassle it is best to apply for these with the date of when your OH actually moves out. You can certainly apply in advance as you have a date for when his tenancy begins. Whether this will speed up the process or not no one can tell! Let's hope so. However, you must be prepared for some delay so make contingency plans.

As regards your tenancy agreement then your OH leaving will not affect your tenancy as long as the rent is being paid. But your OH must realise that as a joint tenant is he also responsible for the whole rent (joint and several responsibility). As long as he is happy about that then there isn't a problem.

I understand what you are saying about you not wanting your landlord to know but if you pay your rent then why should he have a problem? It would be better for your OH to be taken off the agreement asap. Are you in a fixed term or periodic ? (month to month) The LL cannot try to evict you if you are still in a fixed term.

Do make sure that absolutely everything is put into your name and that your OH has no financial links with you whatsoever. Financial links are one of the reasons benefit investigations are flagged up.

Op has a suspended HB claim at that address. If his name is on the tenancy and there are overpayments (3 years worth) being reclaimed on that address and it's still a joint tenancy would this mean OP has 100% of overpayments in her name.

[Deleted User]

I don't think I would have the overpayments on my name only as I can easily prove that we were living together as a couple when the overpayment occurred and the HB payments was even going to HIS bank account.
Anyway, I have resuscitated that claim and called HB office many times and they never mention the overpayment. I updated the details in March!

[Deleted User]

I called tax credits and they explained that the letter/award I received was ending the joint claim and my single claim is being processed and I will have un answer on the 15th October.

Called HB and they told me as soon as I have my STBX's moving date I can phone and tell them and he needs to send one letter confirming that he is moving out of the property and that is it. My claim will be a single claim and re-assessed.

Called CB which is in H's name (but paid into my account) and they said that STBX needs to download a form and write a cover letter ending the CB on his name so I can re-apply to CB on my name. We will do it, but the payment will stop for 6 weeks and the lady couldn't tell me if it will be backdated once I make a new claim. It will be very wrong if they don't backdate in my opinion.