Splitting up from husband. Am I eligible to apply for UC if we still live in the same house?

Baking_Mad

OH is refusing to move out of the house (privately rented, lease is in his name). He said that if I want to end the relationship then it's me who has to move out. So I walked out with two kids 3 days ago and am currently at relatives house.

I am terrified, I've no money (my current account is overdrawn). I have been to citizen advice and they told me to get in touch with the council to arrange housing. I phoned my local council's emergency housing dept and the lady gave me an appointment to see her but the appointment is not till Friday 3rd August :eek: She did, however, advise that since we are legally married and despite the fact that the lease is in his sole name I am legally entitled to remain in the property.
So we are heading back today, I can't inconvenience relatives forever.

My question is, am I allowed to claim Universal Credit just in my name if we still live under the same roof but going through separation? Or do I have to officially reside elsewhere?

Sorry it's a bit long, im just so stressed, my head has been spinning for days.

pmlindyloo

It may be possible to claim UC in these circumstances but it will depend on a few things.

Have a read of this:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661551/adme4.pdf

It is really difficult to give you a definite answer since we do not know the background to your separation.

Since you are moving back in I am presuming you there is no domestic abuse.

Depending on the circumstances it may be better to stay with family/friends, if possible, until you see the housing officer.

Baking_Mad

Thank you very much for the link, I see it says that two married people living in one dwelling and going through separation may be eligible.

There is no domestic violence, just constant arguments resulting in a lot of shouting and tears. To be honest this has been a very long time coming and he realises that the relationship is very unhealthy and will never get better but lives in a little bubble and is not prepared to move out. We've been on the verge of separation several times before but I've always chickened out at the last minute scared of how I'd cope on my own. What made me make the move this time was the fact that he announced that he would stop working, become a stay at home dad and fight me for the custody over the children!
I just had to go after that. I didn't expect anything like that from him and can't understand why he would want to drag children into this instead of trying to make the whole separation process as bearable as possible for them and showing that both parents are there for them despite the split.
Ultimately, I think we have now passed the point of no return. I just need to figure out how to move forward now so any help would be much appreciated.
We have never claimed any benefits as a married couple except for Child Benefit of course so I don't even know where to start... Please help

pmlindyloo

Have you decided to go back to the rented property?

Comms69

Baking_Mad wrote: »

Thank you very much for the link, I see it says that two married people living in one dwelling and going through separation may be eligible.

There is no domestic violence, just constant arguments resulting in a lot of shouting and tears. To be honest this has been a very long time coming and he realises that the relationship is very unhealthy and will never get better but lives in a little bubble and is not prepared to move out. We've been on the verge of separation several times before but I've always chickened out at the last minute scared of how I'd cope on my own. What made me make the move this time was the fact that he announced that he would stop working, become a stay at home dad and fight me for the custody over the children!
I just had to go after that. I didn't expect anything like that from him and can't understand why he would want to drag children into this instead of trying to make the whole separation process as bearable as possible for them and showing that both parents are there for them despite the split.
Ultimately, I think we have now passed the point of no return. I just need to figure out how to move forward now so any help would be much appreciated.
We have never claimed any benefits as a married couple except for Child Benefit of course so I don't even know where to start... Please help

Hold on, you're expecting him to move out, you to keep the kids. I'm not trying to have a go, but you've bad mouthed him for those exact reasons.


OH is refusing to move out of the house


What made me make the move this time was the fact that he announced that he would stop working, become a stay at home dad and fight me for the custody over the children!


Separation is never easy, but I think you've presumed a lot, discussed very little and you're then surprised when he wants the same thing as you?...

pmlindyloo

Shelter have a useful guide about your housing rights in these situations so have a read. You may want to contact them for further advice before you go to your appointment with the council.

http://england.shelter.org.uk/__data/assets/pdf_file/0020/23393/ShelterGuide_RelationshipBreakdown.pdf

How old are your children? Do you work? Are you sure your area is a full service area for universal credit?

There is a lot to consider and I can imagine why your head is spinning.

Take some advice from Shelter about your housing situation and go back to CAB for some benefits advice.

Much will depend on whether you really wish to return, whether you can get him to leave and persuade the landlord to give you a tenancy agreement, whether you could afford the rent etc etc.

It is a lot to take on board so take one step at a time so read the link to see your options and perhaps contact them.

Then having decided whether to return or not go to CAB for advice about benefits.

Baking_Mad

Hello, thanks again. I'm just back, luckily he isn't in at the moment.

Anyway, I've just checked the tenancy agreement and turns out both our names are on it!

I don't currently work, was self-employed till mid March this year though.
Children: girl, age 14 and boy, age 7
The area the rented house is in has had UC rolled out on 13/06

Baking_Mad

I've never indicated anywhere that I would want to "keep the kids", I wouldn't dream of not letting him see his children, they are his children as well as mine. The reasons for separation ultimately have nothing to do with my post and my questions.

huckster

Tricky this one.

Yes you could claim UC in one name. Under Housing you would state joint tenancy and you would only receive half of the housing amount.

You should declare your OH as a non dependent living at the address.

Once the claim has been made, you will have to have the information verified at the local Job Centre. This is when you should declare the exact situation and it will be referred to a decision maker.

I have seen similar cases under UC. As long as you are not trying to cheat the system and declare all information, then it might be ok.

The issue is that normally your OH's employment income would be factored into a joint UC claim. The income might mean that you were not entitled to any or much UC payment. This is where it becomes tricky and you will need to persuade UC that you are not trying to find a way of claiming benefit money you would not otherwise be entitled to. Documents that show you have registered your problem, such as trying to access alternative housing would be useful.

Ineededaname

In addition to the above, part of the process may involve a DWP visitt to the property. They are looking to ascertain you have separate living arrangements and no financial links. This may be tricky as you probably do - so start working on cutting these down. You need to be living as financially independent to him as you possibly can.

Make the claim and be completely honest about your circumstances when you go to your appointment. It may be worth summarising the whole situation in a journal post, (or letter - if not online) as this provides written evidence on your part that you are declaring the situation.