Universal Credit, Husband permanently works abroad

Samnormanski21

Happy New Year everyone, was wondering if you could help me out on something.

I’ve just moved back to the UK from Canada with my 2 daughters (5 years and 7months). My husband is staying in Canada indefinitely for work for the next few years, but unfortunately I’ve suffered PND since my daughter was born and need the support of friends and family who live close.

In terms of Universal Credit, everything I’ve read says I need to submit a single application due to the living arrangements. My husband will still continue to pay the mortgage etc. But looking at options until I return to work next year.

thanks

sam

calcotti

Claiming as a single person is correct in those circumstances.

airliner

Yes, claim as a single person.
As you have 'recently' returned from living abroad, it is likely that you will be asked questions in relation to the 'habitual residence test' -  unless you are exempt.
If you are determined not to be habitually resident in the UK, the DWP will not pay you UC.
It can be a quite complex and depends on you personal circumstances. I recommend seeking further advice if you are found not to be habitually resident.
For now, the main thing is making a claim for Universal Credit and provide any evidence they ask for.

huckster

If your husband is giving you money towards your own living expenses in the UK, then you will need to disclose this other source of income on the claim.  There is a part of the disclosure when you claim, which asks you about income other than earnings. 

calcotti

huckster said:

If your husband is giving you money towards your own living expenses in the UK, then you will need to disclose this other source of income on the claim.  There is a part of the disclosure when you claim, which asks you about income other than earnings. 

Spousal maintenance is counted as income but child maintenance is not so if husband provides some money to support the children and pays the mortgage direct there may be nothing to declare.

calleyw

I probably should start a new thread but just a curious about the answer how long does someone have to be working away for you to make single rather than a couples claim?

Yours

Calley x

pmlindyloo

calleyw said:

I probably should start a new thread but just a curious about the answer how long does someone have to be working away for you to make single rather than a couples claim?

Yours

Calley x

Absence of one party expected to, or exceeds, 6 months E4152 Where the claimant is a member of a couple and the other member is temporarily absent from the claimant’s household, they cease to be treated as a couple if that absence is expected to, or exceeds, 6 months1 . 1 UC Regs, reg 3(6)
 Example 1 Huw and Isobel are LTAMC and in receipt of UC. Isobel is involved in a road accident and is admitted to hospital with life-threatening injuries. She needs prolonged treatment and rehabilitation and is expected to be in hospital for about 8 months. The DM treats Huw and Isobel as no longer LTAMC from the date of Isobel’s admission to hospital.

Example 2 Louie and David are LTAMC and in receipt of UC. David obtains work abroad and has a contract of employment for 18 months. The DM treats Louie and David as no longer LTAMC from the date that David goes abroad. 

calcotti

The one about no longer being a couple when someone is in hospital for six months plus always troubles me. Although there is obviously a saving on food for that person this is likely to be more than offset by travel costs to visit and most household overheads will be unchanged. 

calleyw

calcotti said:

The one about no longer being a couple when someone is in hospital for six months plus always troubles me. Although there is obviously a saving on food for that person this is likely to be more than offset by travel costs to visit and most household overheads will be unchanged. 

Both of them trouble me if there is intent at some stage to be back LTAMC, but I don't make the rules.  Mind you I have lived the second one but only for 3 and half months and I was never home as always at the hospital visiting after work, cost a fortune in parking, fuel and buying food out.  House clean and tidy though.

Yours

Calleyx

NedS

In the case of the OP, if they were treated as a couple and the husband's full income taken into account, this would likely nil the claim

airliner

NedS said:

In the case of the OP, if they were treated as a couple and the husband's full income taken into account, this would likely nil the claim

They are not going to be treated as a couple in their current circumstances.