Looking for advice.

SeismicMushroom

I contacted Citizen's Advice, but as they are not doing face to face at the moment, I am yet to get a response. My hope is someone here can make things a little clearer for me so I can work out my options. 

The short of it is, my relationship is failing and I don't see it recovering. We currently share a house together and have a toddler. I wouldn't ask him to move out of the family home as he has been the one covering all the finances while I have been looking after our child. 

What I want to know is - if I move in to a static home, can I get housing benefit to cover my ground rent? It would be me and my toddler living there 11.5 months of the year. If yes, what do I have to do? If no, what other options do I have and how would I proceed? 

I'm completely in the dark here having been financially dependent on my partner for the past 8 years. So any and all help would be gratefully received. 

Thank you. 

huckster

Likely to be a claim under Universal Credit  (UC) including non standard Housing ( static caravan rent + site/pitch fees if applicable) and not a new claim under Council Housing Benefit.  Housing would be capped at the local Housing Allowance (LHA) 2 bed rate, so the Housing amount may not cover the amount you are paying, as some static caravans sites can be more expensive than the LHA rate.  https://lha-direct.voa.gov.uk/Search.aspx
A UC claim would also replace any Tax Credit/Child Tax Credit claim you have may have.

Why only 11.5 months of the year ?  Is this a non residential static caravan site, where you are not officially allowed to reside there all year around ?  Some of these sites do not allow you to register it as your postal address, so you might want to find out more details.

Use a benefits calculator to check approximate UC entitlement. 

https://www.gov.uk/benefits-calculators

SeismicMushroom

huckster said:

Likely to be a claim under Universal Credit  (UC) including non standard Housing ( static caravan rent + site/pitch fees if applicable) and not a new claim under Council Housing Benefit.  Housing would be capped at the local Housing Allowance (LHA) 2 bed rate, so the Housing amount may not cover the amount you are paying, as some static caravans sites can be more expensive than the LHA rate.  
A UC claim would also replace any Tax Credit/Child Tax Credit claim you have may have.

Why only 11.5 months of the year ?  Is this a non residential static caravan site, where you are not officially allowed to reside there all year around ?  Some of these sites do not allow you to register it as your postal address, so you might want to find out more details.

Use a benefits calculator to check approximate UC entitlement. 

Thank you for the quick reply. 

It's not a residential, no. I would have to list my address at a friend's house for postal deliveries and the like. 

The only benefits I am currently receiving is PIP and Child benefit. That's it. Would these be affected? 

I think the ground fees for the site in question are around £4000ish per year. I'm in the South East, Kent, so does that also affect the capping you mention? The caravan I'd be residing in is only a 2 bedroom anyway.

Thanks again. Take care.

Rubyroobs

SeismicMushroom said:

huckster said:

Likely to be a claim under Universal Credit  (UC) including non standard Housing ( static caravan rent + site/pitch fees if applicable) and not a new claim under Council Housing Benefit.  Housing would be capped at the local Housing Allowance (LHA) 2 bed rate, so the Housing amount may not cover the amount you are paying, as some static caravans sites can be more expensive than the LHA rate.  
A UC claim would also replace any Tax Credit/Child Tax Credit claim you have may have.

Why only 11.5 months of the year ?  Is this a non residential static caravan site, where you are not officially allowed to reside there all year around ?  Some of these sites do not allow you to register it as your postal address, so you might want to find out more details.

Use a benefits calculator to check approximate UC entitlement. 

Thank you for the quick reply. 

It's not a residential, no. I would have to list my address at a friend's house for postal deliveries and the like. 

The only benefits I am currently receiving is PIP and Child benefit. That's it. Would these be affected? 

I think the ground fees for the site in question are around £4000ish per year. I'm in the South East, Kent, so does that also affect the capping you mention? The caravan I'd be residing in is only a 2 bedroom anyway.

Thanks again. Take care.

Do you jointly own the house?

SeismicMushroom

Rubyroobs said:

SeismicMushroom said:

huckster said:

Likely to be a claim under Universal Credit  (UC) including non standard Housing ( static caravan rent + site/pitch fees if applicable) and not a new claim under Council Housing Benefit.  Housing would be capped at the local Housing Allowance (LHA) 2 bed rate, so the Housing amount may not cover the amount you are paying, as some static caravans sites can be more expensive than the LHA rate.  
A UC claim would also replace any Tax Credit/Child Tax Credit claim you have may have.

Why only 11.5 months of the year ?  Is this a non residential static caravan site, where you are not officially allowed to reside there all year around ?  Some of these sites do not allow you to register it as your postal address, so you might want to find out more details.

Use a benefits calculator to check approximate UC entitlement. 

Thank you for the quick reply. 

It's not a residential, no. I would have to list my address at a friend's house for postal deliveries and the like. 

The only benefits I am currently receiving is PIP and Child benefit. That's it. Would these be affected? 

I think the ground fees for the site in question are around £4000ish per year. I'm in the South East, Kent, so does that also affect the capping you mention? The caravan I'd be residing in is only a 2 bedroom anyway.

Thanks again. Take care.

Do you jointly own the house?

Yes. But I would take my name off the mortgage upon moving out. 

poppy12345

SeismicMushroom said:

Rubyroobs said:

SeismicMushroom said:

huckster said:

Likely to be a claim under Universal Credit  (UC) including non standard Housing ( static caravan rent + site/pitch fees if applicable) and not a new claim under Council Housing Benefit.  Housing would be capped at the local Housing Allowance (LHA) 2 bed rate, so the Housing amount may not cover the amount you are paying, as some static caravans sites can be more expensive than the LHA rate.  
A UC claim would also replace any Tax Credit/Child Tax Credit claim you have may have.

Why only 11.5 months of the year ?  Is this a non residential static caravan site, where you are not officially allowed to reside there all year around ?  Some of these sites do not allow you to register it as your postal address, so you might want to find out more details.

Use a benefits calculator to check approximate UC entitlement. 

Thank you for the quick reply. 

It's not a residential, no. I would have to list my address at a friend's house for postal deliveries and the like. 

The only benefits I am currently receiving is PIP and Child benefit. That's it. Would these be affected? 

I think the ground fees for the site in question are around £4000ish per year. I'm in the South East, Kent, so does that also affect the capping you mention? The caravan I'd be residing in is only a 2 bedroom anyway.

Thanks again. Take care.

Do you jointly own the house?

Yes. But I would take my name off the mortgage upon moving out. 

You can't just take your name off the mortgage because it doesn't work like that. You jointly own the house and you can't just "give it to your ex partner"

huckster

SeismicMushroom said:

Rubyroobs said:

SeismicMushroom said:

huckster said:

Likely to be a claim under Universal Credit  (UC) including non standard Housing ( static caravan rent + site/pitch fees if applicable) and not a new claim under Council Housing Benefit.  Housing would be capped at the local Housing Allowance (LHA) 2 bed rate, so the Housing amount may not cover the amount you are paying, as some static caravans sites can be more expensive than the LHA rate.  
A UC claim would also replace any Tax Credit/Child Tax Credit claim you have may have.

Why only 11.5 months of the year ?  Is this a non residential static caravan site, where you are not officially allowed to reside there all year around ?  Some of these sites do not allow you to register it as your postal address, so you might want to find out more details.

Use a benefits calculator to check approximate UC entitlement. 

Thank you for the quick reply. 

It's not a residential, no. I would have to list my address at a friend's house for postal deliveries and the like. 

The only benefits I am currently receiving is PIP and Child benefit. That's it. Would these be affected? 

I think the ground fees for the site in question are around £4000ish per year. I'm in the South East, Kent, so does that also affect the capping you mention? The caravan I'd be residing in is only a 2 bedroom anyway.

Thanks again. Take care.

Do you jointly own the house?

Yes. But I would take my name off the mortgage upon moving out. 

Not recommended to take name of mortgage without gaining advice about this.
Depending on your partners earnings, there may be an issue, in having mortgage in their sole name.
The reason the question was asked, is that you would have a capital interest in any joint property.  This would be your 50% equity share).  You would declare having capital ( approx value of your current share in property equity if it were sold) and because you could not force any sale, as your partner lives the address, it is likely to be ignored for a relevant period.

SeismicMushroom

Okay, I think I am following. So what does that mean for my circumstances then exactly? 

Rubyroobs

SeismicMushroom said:

Okay, I think I am following. So what does that mean for my circumstances then exactly? 

If you own half a house with your partner then it is reasonably expected that it will be sold and equity divided. If you have capital over 16k once everything is settled (either the house sold or he buys you out ) then you will not be eligible to UC, you would be expected to live off the capital until it falls below 16k. If you have no equity or little equity in the property then it wont be a problem. If the house is being sold then Uc will disregard it as capital for a period of time as long as reasonable measures are being taken to sell it.

SeismicMushroom

Rubyroobs said:

SeismicMushroom said:

Okay, I think I am following. So what does that mean for my circumstances then exactly? 

If you own half a house with your partner then it is reasonably expected that it will be sold and equity divided. If you have capital over 16k once everything is settled (either the house sold or he buys you out ) then you will not be eligible to UC, you would be expected to live off the capital until it falls below 16k. If you have no equity or little equity in the property then it wont be a problem. If the house is being sold then Uc will disregard it as capital for a period of time as long as reasonable measures are being taken to sell it.

But what if he wants to live in it? I have no qualms with him staying in the house. I'm happy to detach myself from it completely as he is the one who has put the money in to it, not me. Essentially I've just lived here. Can that not count for something? I'd rather not force him to sell his home.

poppy12345

The house belongs to both of you. He was your partner, who supported you. He may not be able to put the house in just his name, as has been advised. What you need to do is get further expert advice before doing anything else, iwth regards to the house.