Seperated but under the same roof.

woolyG_2

My husband and I separated 2 years ago when his mental health deteriorated and was sectioned, when he was discharged he decided he could no longer live on our family home and moved into a caravan which we had in the garden and I remained in the family home with our 2 children this has remained the situation for the last 2 years.
As well as his mental health problems he suffers from epilepsy and heart problem as a result requires daily care, which I provide for him, he spends all the time in the caravan and isolates himself from all around him and the only time he leaves the caravan is for appointments.
His CPN and Psychiatrist are all aware of this situation.
I receive carer's allowance, he receives DLA middle rate and mobility lower and ESA.

During this period all of our benefits have been joined as if we were living together, as I believe it is not possible to separate them whilst living under the same roof even though the relationship is now strictly carer/client and I am looking to move on with my life.

For several months now it has become more and more difficult for him to live in the caravan and our landlord had suggested he could renovate one of our downstairs room into a
self-contained room for him to make him more comfortable, but this would involve a considerable increase in rent as the room would require significant work on it.

1) How difficult would it be to have the housing changed from 3 bedrooms to 4 bedrooms?
2) How difficult would it be to get them to pay housing benefit for the 4 bedrooms in our circumstances?
3) Would it be best to leave the other benefits as a joint application even though we are most definitely not living together?

Comms69

I think the biggest issue is you are married, and whilst that is the case you are going to struggle.


I suppose my question is why do you need to make two separate claims?

woolyG_2

I don't know if it would help the housing benefit claim to try and separate the other benefits as that is what is most important at the moment.

pmlindyloo

You say that you are 'looking to move on with your life'.

Does this mean that you and your husband intend to divorce? Are you legally separated?

My thoughts are that this is the main decision that you have to make. A difficult one, I understand, but maybe necessary if you really do intend to move on with your life. I am not sure that anyone can move on with their life is they are caring for their ex husband under the same roof.

If you intend to make the separation legal - i.e divorce, then you need to speak to your husband's CPN and start the process of getting him rehoused.

If you do not intend to divorce and continue to care for him then you will still be seen as a couple. That is my opinion. It is possible to live together and lead separate lives and claim as single people but your situation makes it extremely difficult as am presuming that you are still financially linked.

As regards the housing situation then it might be possible for your landlord to apply for a grant to help with the costs which might then mean that the rent would not go up.

This is complicated so you might want to get some advice from a housing specialist - does your CAB have one?

woolyG_2

We are linked via the benefits we receive but I have closed all the joint accounts we have no other financial links including the house tenancy, him being the main claimant it feels like he controls my money even though we are separated. All the bills are in his name but I am responsible for paying them.

Yes, it is a very complicated situation, I am just worried sick how best to resolve it and the consequences if I don't.

Yes I would love to file for divorce but fear what that sort action would have on him,

Comms69

woolyG wrote: »

We are linked via the benefits we receive but I have closed all the joint accounts we have no other financial links including the house tenancy, him being the main claimant it feels like he controls my money even though we are separated. All the bills are in his name but I am responsible for paying them.

Yes, it is a very complicated situation, I am just worried sick how best to resolve it and the consequences if I don't.

Yes I would love to file for divorce but fear what that sort action would have on him,

Can you elaborate on this - how did you do it?

woolyG_2

Just before he had the breakdown we split up and I transferred all the bills into his name and took my name off the lease and closed the joint account down in the hope he could look after himself and he could become financially independant.

Comms69

woolyG wrote: »

Just before he had the breakdown we split up and I transferred all the bills into his name and took my name off the lease and closed the joint account down in the hope he could look after himself and he could become financially independant.

A tenancy can only be amended if all parties agree. So it sounds like your tenancy is still joint.

TELLIT01

It is not true that former members of a relationship can't claim separately whilst still living under the same roof. Any claim like that is referred to the Compliance Team who will do a detailed investigation to confirm that the two parties are effectively living separate lives. For example, no joint bank accounts, no joint benefit claims, have separate sleeping quarters. Even the fact that you act as his Carer wouldn't prevent separate benefits claims being considered.

pmlindyloo

TELLIT01 wrote: »

It is not true that former members of a relationship can't claim separately whilst still living under the same roof. Any claim like that is referred to the Compliance Team who will do a detailed investigation to confirm that the two parties are effectively living separate lives. For example, no joint bank accounts, no joint benefit claims, have separate sleeping quarters. Even the fact that you act as his Carer wouldn't prevent separate benefits claims being considered.

I agree with this.

However, having received further information about their financial affairs then I do think the OP needs to check whether she is on the tenancy agreement (ie. has a rent liability). This would be crucial if she was to make a single claim.

I think this is more a relationship issue than a benefits one.

If the OP can make a decision about her husband finding alternative accommodation then things would be much easier.

Personally I think the Op ought to speak to her husband's community nurse and discuss the whole situation and then make some decisions.

xylophone

Is there any supported accommodation available in your area for vulnerable/handicapped people?

Example https://apax.org.uk/services/types-of-support/

If so, your husband's health professionals might support an application for him?

You could then formally separate and he would then be able to apply for benefits in his own name?