Claiming UC as single when living with Ex

shomk

My husband and I are getting a divorce. We are still living in the same house but want to claim benefits as two separate people. Is this possible and what do they require/expect/ask.

We are currently on tax credits but realise we will be moved to universal credit.

Thanks

poppy12345

shomk said:

My husband and I are getting a divorce. We are still living in the same house but want to claim benefits as two separate people. Is this possible and what do they require/expect/ask.

We are currently on tax credits but realise we will be moved to universal credit.

Thanks

You won't be moved to UC because no one is automatically moved across. As you are still living together you will need to prove that you live as single people. This will include, sleeping in separate rooms, paying your own bills and having separate bank accounts.

I'm unsure what is needed as proof but others may know.

Whether either of you qualify for UC will totally depend on your individual circumstances. UC is a means tested benefits so if you have savings of more than £16,000 you're exlcuded from claiming.

Best thing to do is to use a benefits calculator to see if you qualify. https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=94c08b08-8fda-4777-8bd1-cc3641cb7184

calcotti

For Tax Credits purposes if you are still married and in the same house you can continue to claim as a couple.

Should you choose to apply UC that will end the Tax Credits claim (regardless of the outcome of the UC claims).

It is possible to claim as single people if you are separated but DWP are likely to seek information to confirm that that is indeed the case and that you no longer living as if a married couple. Advice would be too separate out your finances as much as possible.

DWP guidance is here
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661551/adme4.pdf
Look in particular at E4098, E4101 to E4103 but see also E4034.
See also
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/955780/adme2.pdf
See E2006 and E2012 (example 4).

If you have evidence that divorce proceedings have been started I would expect that to support a claim that you are two single persons rather than a couple.

Alice_Holt

https://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/

" Married couples and Civil Partners

Two people who are married or civil partners will always be classed as a couple for tax credits purposes unless:

(a) they are separated under a court order; or

(b) they are separated in circumstances in which the separation is likely to be permanent.

The first of the two exceptions is fairly straightforward. The second is much more problematic and more frequently used by HMRC when investigating a claim.

The starting point if HMRC assert that a couple are separated in circumstances that are likely to be permanent is to ascertain from HMRC whether HMRC are suggesting that there is no separation at all (and therefore the question of whether it is likely to be permanent is irrelevant) or whether they agree there has been a separation but they believe it to be temporary in nature."

TBagpuss

If you are getting divorced then the second one should not be too difficult to prove, if you can show that you have either instructed a  solicitor or started the divorce process yourself. 

It is sensible in those situations to try to separate out your lives nd finances as much as possible, so doing things such as having bank accounts in your respective sole names, and either closing joint accounts or using them only to pay the mortgage / rent and any joint utilities, while keeping all individual spending from your own accounts, sleeping in separate bedrooms, etc will all help. 

Numberwang_2

Surely, even when divorced, if you are still living in the same house, then UC will have to be a joint claim, as they base it on household income?

poppy12345

Numberwang_2 said:

Surely, even when divorced, if you are still living in the same house, then UC will have to be a joint claim, as they base it on household income?

As previously advised , for tax credits then yes, unless they are separated under a court order; or

 they are separated in circumstances in which the separation is likely to be permanent.

Not for Universal Credit. Although if claiming UC you have to prove you're living as single people, which may not be that easy.