Universal Credit - Joint or Single Query

lorelai34

If 2 people are living together and are married can a single claim for universal credit be submitted if they are no longer in a relationship?Wife has told husband it’s over, house is about to go market. I’ve read the .gov website and while they meet criteria of being married I don’t think they meet criteria of living together as a couple.

[Deleted User]

lorelai34 wrote: »

If 2 people are living together and are married can a single claim for universal credit be submitted if they are no longer in a relationship?Wife has told husband it’s over, house is about to go market. I’ve read the .gov website and while they meet criteria of being married I don’t think they meet criteria of living together as a couple.

Nope because they are married and not legally separated aka divorced.

calcotti

In theory I believe they can make a single claim but evidencing separation to DWP in these circumstances will be a challenge. Amongst other things you would need to demonstrate separating of all financial affairs.

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

E4034 However, examples of two people living in one dwelling but not necessarily living together in the same household include
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2. two people who are married to each other or who are civil partners of each other who separate and refuse to leave the home.

[Deleted User]

Interesting, not read in depth but always thought that only applied to non married couples. Though married couples had to be living apart or legally separated.

lorelai34

Thanks for posting that link. Very helpful!

huckster

_shel wrote: »

Interesting, not read in depth but always thought that only applied to non married couples. Though married couples had to be living apart or legally separated.

In the cases I have seen, Universal Credit will make a referral to a Decision Maker, who will ask for evidence of the separation.

In one case a couple had been married for many years, but the UC claim was only in one name, with other person noted as a non dependant. When the claimant was asked, why their spouse had not claimed UC and linked the claims, the answer was that the spouse did not want to claim benefits. Then there was an argument made about the couple living separate lifes in the same house. There was no evidence of this.

If a married couple separate, there should be evidence of this. There could be Solicitors letters, Bank documents showing separated finances, Estate Agents documents etc. It can't just be photos of kitchen cupboards with labels saying Johns food, Sams food etc.

thepinkladyx

I have been separated from my husband for over 18 years but not divorced. His name is on the tenancy and has moved back into the family home and has a spare room. I have had to make a claim for universal credit and he has also been told to claim even though he works full time. We are not a couple in any way. Why won't they except my claim? Any help please.

[Deleted User]

thepinkladyx wrote: »

I have been separated from my husband for over 18 years but not divorced. His name is on the tenancy and has moved back into the family home and has a spare room. I have had to make a claim for universal credit and he has also been told to claim even though he works full time. We are not a couple in any way. Why won't they except my claim? Any help please.

Because you are married and living with your husband, how is he named on your tenancy?

calcotti

You can only claim as a single person if you are separated. It is possible to be living in the same house and still be treated as separated but if their is financial connections these will be treated as an indication that you are not separated. The fact that the tenancy is still in both your names will certainly go against you.

just_trying

calcotti wrote: »

You can only claim as a single person if you are separated. It is possible to be living in the same house and still be treated as separated but if their is financial connections these will be treated as an indication that you are not separated. The fact that the tenancy is still in both your names will certainly go against you.

House is about to go on the market so not a tenancy.

Plus a tenancy means nothing if your joint tenants as they are equal as liable for the rent and to be living there unless the council will step in or they have funds for private tenancy.

I know couples who have separated and had to stay with each other til something else happened. They paid half for general bills like electric etc.All household tasks were there own responsibility.

just_trying

_shel wrote: »

Nope because they are married and not legally separated aka divorced.

Not true. Loads of people separate for years the number one thing being the cost.