Help!

ismb1

Hi,

I need some help with benefits claiming. Someone I know has had her husband move out and now he is stopping all payments to her and their kids who are dependent on them. She doesn't want to divorce just yet but I was wondering what help there would be available as they are still technically married even though she looks after the kids.

There is a 13 yr old still at home and a 17 and a 20 yr old in different colleges. She part owns her home with her husband although he lives elsewhere. Her income is low - about 7,000.

Please can I have some advice on what to advise her and how to help?

Thank you very much all

Darksparkle

How many hours does she work?

What level of qualification is the 17 year old doing?

She won't be able to claim any child related benefits for the 20 year old.

ismb1

she works 26 hours, and the 17 yr old is doing some sort of vocational training

Alice_Holt

If the separation is intended to be permanent then she would be able to claim Tax Credits (both working and child tax credits for the 13 yr old) as a single person.

" Married couples and Civil Partners

Two people who are married or civil partners will always be classed as a couple for tax credits purposes unless:

(a) they are separated under a court order; or

(b) they are separated in circumstances in which the separation is likely to be permanent.
"

If they were reconciled and her husband moved back into the family home, she may have to prove to HMRC that the intention at the time of her single tax credit claim was that the separation would be permament

See http://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/

Darksparkle

She is being paid well below NMW of working 26hrs per week. She should be earning at least £9734 per annum.

She can claim working tax credits, child tax credits and child benefit for the 13 year old.

The 17yr old would depend on the specific level of qualification (would need to be level 3 or lower).

She should go through CSA for child maintenance.

For benefit purposes she should ensure there are no other financial ties to her him as possible eg cancel joint accounts, all bills in her name, none of his mail to her address etc.

TELLIT01

Alice_Holt wrote: »

" Married couples and Civil Partners

Two people who are married or civil partners will always be classed as a couple for tax credits purposes unless:

(b) they are separated in circumstances in which the separation is likely to be permanent.
"

Would the fact that the OP doesn't want to divorce weaken the case for proving the above?

Darksparkle

TELLIT01 wrote: »

Would the fact that the OP doesn't want to divorce weaken the case for proving the above?

OP said they don't want to divorce as yet. Suppose it would depend on the reason why they don't want to. I've known people to separate and not got divorced for years.

If it's because there is a chance they might get back together than they won't be separated in circumstances likely to be permanent.

Mojisola

TELLIT01 wrote: »

Would the fact that the OP doesn't want to divorce weaken the case for proving the above?

Some people separate and live for many years without divorcing.

If you're not a couple, you can claim benefits as a single person even if you are still legally married. It's how you live that's relevant, not your marital status as such.

Darksparkle

Mojisola wrote: »

Some people separate and live for many years without divorcing.

If you're not a couple, you can claim benefits as a single person even if you are still legally married. It's how you live that's relevant, not your marital status as such.

Not for tax credits. Married couples must claim together unless separated by a court order or in circumstances likely to be permanent. Non-married couples will consider how they live.

Mojisola

Mojisola wrote: »

Some people separate and live for many years without divorcing.

If you're not a couple, you can claim benefits as a single person even if you are still legally married. It's how you live that's relevant, not your marital status as such.

Darksparkle wrote: »

Not for tax credits. Married couples must claim together unless separated by a court order or in circumstances likely to be permanent. Non-married couples will consider how they live.

We are in agreement about that.