Universal Credit/Benefits advice

Leah24380

Hi Everyone,

I'm in a bit of a stressful situation and I was wondering if anyone could advise.

I am going through a divorce, I have 2 children aged 6 and 12. My husband has been the main earner and I have worked spordically. Long story, but he currently has the children most of the time with a full-time Nanny, however we are working toward split custody.

My husband earns £90K per year and I have just got a job earning £25k.

The problem is that he is not agreeing to a reasonable divorce settlement, he has moved into a rental property soaking up al the cash. He needs the full-time nanny or he has no or limited access to the kids, but the cost of the Nanny leaves no settlement for me. We have no assests and only his wage and my smaller salary.

I cannot afford legal advice and the lease is up on my property at the end of August.

I have looked into universal credit and if I am able to claim child benefit, I could be due more than I was asking in spousal maintenance. The amount I was asking barely covering my basic needs following the divorce, but the problem is this.

Although the benefit calculator indicates I could be due £1500 per month which on top of my salary would provide a 3 bedroom house and be able to contribute toward childcare, can I apply for this even though I haven't got a house yet?

Can I apply for UC on the basis of what I wish to happen?

If this is not an option, I have to go to court for a Financial order which takes months, which I worry I will become homeless in the interim

I would be very grateful if anyone could offer any advice.

Thanks

calcotti

Your UC entitlement is calculated each month on the basis of your circumstances at the end of the month. If your circumstances change your entitlement also changes. You do not have an entitlement to benefit based on changes that have not yet happened.

Leah24380

Even though I know my circumstances are going to change? I have a lease that shows when it runs out.

If I wait until my circumstances change then I will be homeless.

Is there no way to work around this?

poppy12345

Leah24380 wrote: »

Even though I know my circumstances are going to change? I have a lease that shows when it runs out.

If I wait until my circumstances change then I will be homeless.

Is there no way to work around this?

As previously advised, you can't claim based on what's going to happen in the future, claiming benefits doesn't work that way.

kingfisherblue

Leah24380 wrote: »

Hi Everyone,

I'm in a bit of a stressful situation and I was wondering if anyone could advise.

I am going through a divorce, I have 2 children aged 6 and 12. My husband has been the main earner and I have worked spordically. Long story, but he currently has the children most of the time with a full-time Nanny, however we are working toward split custody.

My husband earns £90K per year and I have just got a job earning £25k.

The problem is that he is not agreeing to a reasonable divorce settlement, he has moved into a rental property soaking up al the cash. He needs the full-time nanny or he has no or limited access to the kids, but the cost of the Nanny leaves no settlement for me. We have no assests and only his wage and my smaller salary.

I cannot afford legal advice and the lease is up on my property at the end of August.

I have looked into universal credit and if I am able to claim child benefit, I could be due more than I was asking in spousal maintenance. The amount I was asking barely covering my basic needs following the divorce, but the problem is this.

Although the benefit calculator indicates I could be due £1500 per month which on top of my salary would provide a 3 bedroom house and be able to contribute toward childcare, can I apply for this even though I haven't got a house yet?

Can I apply for UC on the basis of what I wish to happen?

If this is not an option, I have to go to court for a Financial order which takes months, which I worry I will become homeless in the interim

I would be very grateful if anyone could offer any advice.

Thanks

You say that you cannot afford legal advice. I would suggest that you cannot afford to be without legal advice.



Regarding Child benefit and UC, usually you need to be the main carer to receive CB (so you would need to have the children overnight for four nights or more per week). I don't know how UC affects anything, as it is not something that I have much knowledge about.



Regarding the three bedrooms - are your children the same gender? If so, you may be able to manage in a two bedroom house, which would be cheaper. Who is in the marital home - was it rented?

WhenIam64

If I wait until my circumstances change then I will be homeless.

You won't be homeless. You may end up in temporary accommodation but the Local Authorities have an obligation to house people who are homeless or threatened with homelessness.

If your lease is up in August go and talk to your housing options team now and explain the situation. Given their duty to prevent they may be able to come up with an approach to help such as help with a deposit and the first month's rent (as a loan) - or even keep the current accomodation IF your profile fits e.g. number of bedrooms.

Housing Options are usually very good though not overly resourced so talk to them now before it becomes an issue.

As regards your pending divorce, see if there is a mediation service locally. Courts are now looking to people to get mediation before pressing the button to ease the disruption of people splitting.

calcotti

Leah24380 wrote: »

I have 2 children aged 6 and 12

Note that when claiming help with rent the relevant local Housing Allowance figure will only be three bedrooms if your two children are of different sex. If they are of the same sex they are expected to share a bedroom until one of them turns 16 (unless one has a disability that prevents this).


You can find Local Housing Allowance rates here https://lha-direct.voa.gov.uk/

Leah24380

Hi all,

Thanks for the replies.

The children are differing age and gender.

I'm currently claiming UC and we will have a 50:50 arrangment in place next week. It is my understanding that the children won#t need to spend 4 overnights in order to claim CB. This is to acoomodate splid custody arrangements which is favoured by the courts.

Only one parent can claim CB and in 50:50 arrangmeetnt it will usually go to the lower income parent.

I understand the situation in not being able to claim in advance of the change of circumstances. It just makes my life considerably more difficult. it seems crazy to end up in housing association accomodation first in order to get a UC award when I could let them know three months in advance, get my award through and then move to a private let