Separation - Benefits while having equity in house

tboo

as per Shelter book


Disregard the capital value of any property the claimant intends to dispose of (e.g. sell or transfer) for 26 weeks from the date when the claimant first takes steps to dispose of it, or for such longer period as is reasonable


So sorry unless it's up for sale or hubby wants to buy you out you can't claim HB for a rented property elsewhere


Can he move out and you stay in the property?

DFWJane

Their dad seems to think he isn't obliged to pay maintenance (rolling eyes!). He intends to take them to school one week, pick them up the next, sleepover 3 nights alternate weeks, and that that constitutes shared access. It doesn't! And he won't be able to keep that up.

I have a solicitor and will go to CAB again.

I am doing all I can to get the equity.

I'm viewing the property tonight so may be moving tomorrow! At least the ball will be rolling at last!!!!

NeilCr

tboo wrote: »

as per Shelter book


Disregard the capital value of any property the claimant intends to dispose of (e.g. sell or transfer) for 26 weeks from the date when the claimant first takes steps to dispose of it, or for such longer period as is reasonable


So sorry unless it's up for sale or hubby wants to buy you out you can't claim HB for a rented property elsewhere


Can he move out and you stay in the property?

But Manchester (for example) don't seem to make that distinction

http://www.manchester.gov.uk/info/500180/housing_benefit/4265/how_savings_investments_and_property_affect_your_housing_benefit_and_council_tax_support/4

It does seem hard to me to deny HB (or UC) in this sort of situation. If you've just separated (particularly with animosity) it isn't going to be easy to get quick agreement on things - including putting a property on the market - or not

PersianCatLady

tboo wrote: »

So sorry unless it's up for sale or hubby wants to buy you out you can't claim HB for a rented property elsewhere.

Can he move out and you stay in the property?

Actually although in this situation it may seem unfair on the OP it does make sense that she can't own part of one home and then also claim HB on another home.


I also think that the partner moving out is the best solution in these circumstances.

TELLIT01

PersianCatLady wrote: »

I also think that the partner moving out is the best solution in these circumstances.

What anybody thinks is the best solution and what the partner is willing to do are not necessarily the same thing.

PersianCatLady

TELLIT01 wrote: »

What anybody thinks is the best solution and what the partner is willing to do are not necessarily the same thing.

Absolutely so therefore surely the OP needs to get some advice from a solicitor ASAP.


I do wonder what sort of man the OP's husband is to know that he would prefer to remain in the house and see his children suffer rather than try and make alternative arrangements.

Housing_Benefit_Officer

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/365783/hbgm-bp1-assessment-of-capital.pdf

P1.200

Capital assets disregarded for up to 26 weeks

iv a dwelling formerly occupied by the claimant following estrangement or divorce from a
former partner. The disregard period begins on the date of leaving the home. A disregard
under this provision applies for 26 weeks, unless the home is occupied by a former partner
who is a lone parent when the disregard applies for as long as the home is so occupied
HB(SPC) Sch 6 Para 6; CTB(SPC) Sch 4 Para 6
v any premises not just a former home the claimant is taking reasonable steps to sell, the
period may be extended beyond 26 weeks if the claimant is taking reasonable steps to
dispose of the property
HB(SPC) Sch 6 Para 7; CTB(SPC) Sch 4 Para 7

NeilCr

Housing_Benefit_Officer wrote: »

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/365783/hbgm-bp1-assessment-of-capital.pdf

P1.200

Capital assets disregarded for up to 26 weeks

iv a dwelling formerly occupied by the claimant following estrangement or divorce from a
former partner. The disregard period begins on the date of leaving the home. A disregard
under this provision applies for 26 weeks, unless the home is occupied by a former partner
who is a lone parent when the disregard applies for as long as the home is so occupied
HB(SPC) Sch 6 Para 6; CTB(SPC) Sch 4 Para 6
v any premises not just a former home the claimant is taking reasonable steps to sell, the
period may be extended beyond 26 weeks if the claimant is taking reasonable steps to
dispose of the property
HB(SPC) Sch 6 Para 7; CTB(SPC) Sch 4 Para 7

Thanks. Sort of what I thought.:beer:

NeilCr

PersianCatLady wrote: »

Actually although in this situation it may seem unfair on the OP it does make sense that she can't own part of one home and then also claim HB on another home.


.

I think it does make sense in these particular circumstances

bigbill

There is an automatic 6 month disregard, then a further 6 months or longer if the property is up for sale or steps are being taken to put it up for sale.