Esa and living with ex

Hello hope someone can help me so worried about it,at present I'm homeless on Esa sofa surfering at different places,I split from my boyfriend over 3 years ago we are joint tenants on a council house I moved out my ex and 2 daughters live there now,my question is a suffer from depression and severe anxiety can barely leave the places I sleep a few nights each time can't stay there permanently I need peace of mind and don't know what to to do,where would I stand if I moved back in to the house where my ex lives and 2 daughters as at present seems my only option with me on Esa he works full time need advice before I decide what to do any advice would be much appreciated thank you
Julie

Comments

  • TELLIT01
    TELLIT01 Posts: 17,785 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    Are you moving back in and planning to live as a couple again, or are you simply moving back in because you have nowhere else to live?
    If you are living as a couple you will lose entitlement to Income Related ESA. If you are moving back in because you have nowhere else to stay, AND there is no other relationship between you and your ex, you need to inform ESA of your change of circumstances. They will require evidence to support you claim that you are not living as couple. Items such as bank statements, a room which is for your use only etc. ESA would almost certainly want to talk to you and your ex, probably at your home address to fully determine your situation and any entitlement to benefit.
  • Moving back in as I have no where else to go also there is no room free for me as all bedrooms taken up by ex and 2 of my daughters I would be on sofa In living room,thank you for your reply
  • pmlindyloo
    pmlindyloo Posts: 13,083 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you still on a joint tenancy at the council house? Could you check by ringing the housing officer? After 3 years it is likely that the tenancy may have been changed to your ex's name only. Did you notify the council that you had moved out?

    In any case it is does not seem to be a healthy option to move back in with your ex.

    Have you registered as homeless with your local council? I suggest that you do so.

    Have you got a CAB in your area where you could go and get some help and advice?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Also Worthing remembering if you ended on bad terms and decide to move back in, your ex could get the police involved and the courts. After 3 years, even with legal rights, it could be seen as harrassment
  • Tommo1980
    Tommo1980 Posts: 406 Forumite
    I also think it would be a bad move. If for no other reason than it would be very difficult to prove benefit entitlement.

    Get yourself referred into the homeless services in your area - either via your GP or the council.

    Tom
  • Basically ESA will send a former LTF1 out to initially ascertain the circumstances. Then will send out a visiting officer to assess the situation who will send a report to a Decision Maker. They will then decide from the report whether you are leading separate lives even though living together or whether you are living like a couple do.
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