Universal Credit / Divorce Settlement

RobinHill

Hello Alice, Thank you for your reply. However the money is not as a result of an inheritance, moreover as originally stated it is the result of a divorce settlement and the proceeds from the sale of family home(s). The original family home was sold. I purchased in haste my current home. my wife purchased a larger property for herself and children. The children are now over 18 y/o and that house itself has now been sold, and my wife has downsized. The money is the resulting sum left over, from in effect the sale of the original family home.

huckster

Have you read through this document ?

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/832009/admh2.pdf


Your position is not exactly covered by the guidance for DWP decision makers. There is a section about a home you formally occupied and also buying a new home. I would think your only hope of a disregard for a period, is if you show evidence of looking to sell the home where you live now and to find a more a suitable home. And perhaps some evidence of your current home not being adequate to suit disabilities.

RobinHill

Thanks for the reply Huckster, yes I drew the same conclusion about my situation not being covered ... always have been awkward :-). An Occupational Therapist from Social Services has documented that my current home does not meet my needs eg. bathroom, kitchen, access etc. So I guess that would clearly help, whether it would be suffice for DWP re. the argument to use the cash to adapt, and use the remaining cash to live off for a while, or I am allowed to purchase another home I don't know. Hence the post. It is probably irrelevant but the original idea behind the family home was to at some point down size and use surplus to assist in retirement in years to come. However as detailed sadly the marital breakdown has brought the sale to a much earlier point. Due to my deteriorating health I had to give up work 10 years ago, and have been supported by my wife's income and my DLA. Currently that is now UC LCWRA and DLA. Of topic but I wasn't even interviewed, they just accepted medical reports to grant the LCWRA.

Alice_Holt

RobinHill wrote: »

Hello Alice, Thank you for your reply. However the money is not as a result of an inheritance, moreover as originally stated it is the result of a divorce settlement...

Apologies for typing inheritance settlement rather than divorce settlement. I have amended the post.

The points I made still remain valid, and these will be the primary focus of any tribunal panel /DWP DM.

Huckster and I have both linked to the same DWP document, and as you say the situation of former homes is not directly covered for disregards.
As you have a house, I do not believe any disregard would be given for the divorce settlement.
The disregard is designed to apply to the proceeds from selling your home, when these are used in order to purchase a new main residence. And even then the disregard is time limited.

RobinHill

Alice Holt: Update ...

I contacted the UC and explained my situation and the whole background to it and was informed that the funds are in fact from the sale of the family home that I lived in and the money can be used to purchase a new home. Though I need to provide evidence that I am doing so eg. details of current one being on the market / offers / Surveys etc. They also said that due to my disability making it harder to find suitable properties, an extension beyond the six months can be considered.