Housing benefit/owning house jointly

Housing_Benefit_Officer

How much is the property worth?

How much is the outstanding mortgage?

When did you leave the property?

There is a 26 weeks disregard from the date you left

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/365782/hbgm-bw1-assessment-of-capital.pdf

v a dwelling formerly occupied by the claimant following estrangement or divorce from a former partner. The disregarded period begins on the date of leaving the home. A disregard under this provision can only be applied for 26 weeks unless the home is occupied by a former partner who is a lone parent when the disregard applies for so long as the home is so occupied
HB Sch 6 Para 25; CTB Sch 5 Para 25

If it was more than 26 weeks ago there is no disregard.

There is no disregard as you are not taking active steps to sell the property, you are not taking legal action to recover the property as your home, the ownership of the home is not in dispute, the property is not occupied by a former partner and your children (if you lived in the property with your children your ex-partner can claim housing benefit as the capital value of the property is disregarded - if he had custody of the children then you can claim housing benefit as a single person and the capital value of the property would be disregarded).

lynseydee

NYM wrote: »

I meant only if you moved back in

pmlindyloo wrote: »

Just a heads up.

Since you are joint owners of the property you do have the right to live there and the council may use this as a reason to deny HB in the first instance.

I understand that you have your reasons for leaving the property but it may be worthwhile getting together some evidence to show that there is a dispute about the property. For instance, have you seen a solicitor about getting a divorce or do you have any paperwork from your husband's solicitor saying that he is contesting custody of your son (and thereby, presumably, getting rights to live in the matrimonial home with your son)?

Sorry, to bring this all up but I suspect that the council will need some proof of what is happening about your'share' of the jointly owned property.

I suggest you make an application for housing benefit declaring your interest in the matrimonial home and then go from there. The council should tell you if they require evidence and what kind they need.

If your application for HB becomes complicated then you could visit CAB to ask for some help/support.

And another heads up!

Have you checked that you would be eligible for HB by using a benefits calculator? Presumably you are claiming tax credits and these plus your earnings may stop you being eligible for HB. Worth doing before you go through what may turn out to be a complicated claim.

And yes, get that child support sorted asap and get some legal advice if you haven't already done so.

Sorry NYM, when we did live together whilst separated we still shared expenses.

Pmlindyloo, I have seen a solicitor but unfortunately I can't afford legal costs and at the time wasn't eligible for legal aid, that might be another option to pursue again.

I have done the calculator and according to that would be eligible for housing benefit.

Thanks everyone so far for the advice so far.

[Deleted User]

Tell him that if he won't contribute to the CC debts you will have to go bankrupt, which means they may put a charge on the property. You could investigate entering an IVA, there is a separate board on here for this.


Make an application through Child Maintenance Option for child support, it will cost you £20.