Urgent UC help

Elise2608

I am helping a Bangladeshi girl out.  She has been in the UK for several years after having married a British man.  She has had to leave because of violence. 
She has never worked as he would not allow it.
She has moved in with a cousin who is supporting her financially but the cousin has little money to support her.
She is applying for UC but would she be able to claim rent from UC if she paid it to cousin?
I will help out in the mean time as she is penniless and there is a limit to what cousin can do.

Paula94

https://karmanirvana.org.uk/

They will help xx

airliner

Elise2608 said:

I am helping a Bangladeshi girl out.  She has been in the UK for several years after having married a British man.  She has had to leave because of violence. 
She has never worked as he would not allow it.
She has moved in with a cousin who is supporting her financially but the cousin has little money to support her.
She is applying for UC but would she be able to claim rent from UC if she paid it to cousin?
I will help out in the mean time as she is penniless and there is a limit to what cousin can do.

I assume that her immigration status is being sorted, otherwise that will cause issues regarding access to public funds - of which Universal Credit is. 

In order to get a housing cost element in UC the following must be true
-There is a liability to pay rent.
Normally this means there is a commercial agreement in place,  and the agreement is not contrived (i.e. not set up to take advantage of the benefit system -  which clearly in this is not the case in this situation).

Spoonie_Turtle

Elise2608 said:

I am helping a Bangladeshi girl out.  She has been in the UK for several years after having married a British man.  She has had to leave because of violence. 
She has never worked as he would not allow it.
She has moved in with a cousin who is supporting her financially but the cousin has little money to support her.
She is applying for UC but would she be able to claim rent from UC if she paid it to cousin?
I will help out in the mean time as she is penniless and there is a limit to what cousin can do.

She would need to be renting on a commercial basis (one aspect of which tends to be whether the cousin would evict her if she could not pay the rent formally charged).  https://england.shelter.org.uk/housing_advice/benefits/claiming_benefits_if_you_rent_from_family

General info about UC and DV https://www.gov.uk/government/publications/domestic-violence-and-abuse-help-from-dwp/help-available-from-the-department-for-work-and-pensions-for-people-who-are-victims-of-domestic-violence-and-abuse#universal-credit

https://www.refuge.org.uk/get-help-now/government-benefits/  This page has further information about non-EU nationals in case she doesn't have the right immigration status for claiming benefits (I don't know anything much, just linking in case it is useful.  My apologies if I'm linking things you already know though.)
https://www.refuge.org.uk/get-help-now/help-with-housing/ 

Elise2608

She is applying for UC at the moment so i am assuming her immigration status is not an issue. She has full access to NHS, (except for assisted fertility) so, again assuming immigration status would not be an issue.  OH was born and bred here.  
I am seeing her at the weekend.
What could cousin charge her in rent?  She knows this cannot continue because cousin has no money, and she is planning on finding her own place.
IMO she could not cope with living alone because of her mental state and she should be claiming some sort of sickness benefit.  I don’t think it would be a problem doctor signing notes.  
It would probably be best if she stayed at the cousins and paid her way.  Financially better for both of them and emotionally better for her.
 I will give them some money to tide them over at the weekend but there needs to be a more permanent  solution for both of them so.  

Rubyroobs

Elise2608 said:

She is applying for UC at the moment so i am assuming her immigration status is not an issue. She has full access to NHS, (except for assisted fertility) so, again assuming immigration status would not be an issue.  OH was born and bred here.  
I am seeing her at the weekend.
What could cousin charge her in rent?  She knows this cannot continue because cousin has no money, and she is planning on finding her own place.
IMO she could not cope with living alone because of her mental state and she should be claiming some sort of sickness benefit.  I don’t think it would be a problem doctor signing notes.  
It would probably be best if she stayed at the cousins and paid her way.  Financially better for both of them and emotionally better for her.
 I will give them some money to tide them over at the weekend but there needs to be a more permanent  solution for both of them so.  

If she is unfit for work then she would need to declare her health condition when making the Uc claim so do check with her that she has done that. She will need to send in sick notes if requested and after a month or so will be sent a UC50 medical form to complete which will assess her work capability, although this can take some months, especially at the moment. If awarded LCWRA then she would get extra money on her Uc claim form the fourth Uc assessment period.
If she is under 35, then the amount of rent that Uc will pay her will be based on the local housing allowance for her area, shared accommodation rate. Does the cousin own her own house ?

Spoonie_Turtle

Elise2608 said:

She is applying for UC at the moment so i am assuming her immigration status is not an issue. She has full access to NHS, (except for assisted fertility) so, again assuming immigration status would not be an issue.  OH was born and bred here.  
I am seeing her at the weekend.
What could cousin charge her in rent?  She knows this cannot continue because cousin has no money, and she is planning on finding her own place.
IMO she could not cope with living alone because of her mental state and she should be claiming some sort of sickness benefit.  I don’t think it would be a problem doctor signing notes.  
It would probably be best if she stayed at the cousins and paid her way.  Financially better for both of them and emotionally better for her.
 I will give them some money to tide them over at the weekend but there needs to be a more permanent  solution for both of them so.  

What could the cousin charge her?  It probably needs to be about market rate for a room, and needs to be a proper agreement.  Even then that's not a guarantee, because she started staying there before any agreement was drawn up - BUT contrived tenancies are an area for a Decision Maker to have to decide, and the circumstances should always be taken into consideration.  How long has she been staying there already?  Do you know the cousin's situation, whether she is receiving any help she may be entitled to?

Unfortunately applying for UC may not necessarily mean she will be eligible - and UC themselves have been known to make mistakes in this area.  If she knows the details of her immigration status for certain, that will help to be able to work out whether she will be eligible.  I definitely recommend seeking advice if there is any uncertainty at all.

sammyjammy

Can she not pay the cousin "keep" from her UC?  Would that be enough to cover the additional cost in the short term until she is in a better way?

Elise2608

Many thanks for all who have replied.  She will pay her cousin for her keep when her UC comes through.  I have given her some money for personal spending but she needs something more permanent.  I don’t think she could cope in a flat on her own, or even sharing with someone else so I would like to think she could stay for as long as possible with the cousin.  The more she can ease the financial pressure on the cousin, the longer the arrangement is likely to last.
She has injuries at the moment which have complicated her existing medical condition.  I don’t think she has mentioned them in her UC claim, but I cannot be sure, and will check when I see her.   Is it possible to amend the claim form which has gone in, or does a new claim have to be submitted?
What level of financial support could is she likely to get?

poppy12345

If she's entitled then she will receive the standard allowance of £409.89 per month. Although do be aware that this has been increased by about £90 due to Covid which is due to be reduced in April 2021, if the Government decide to extend it then it's likely to be announced during the budget in March.

Whether she will be able to claim for any help with the rent is another matter.

If her health condition will prevent her from working then she needs to report that condition onto her journal but she will need fit/sick notes from her GP.