Divorce Settlement and Universal Credit

wilfred30

daffodil73 said:

So a bit more information, we are entitled to the extra bedroom because of the disability aspect. Both adult children have partners so when they stay over occasionally there can be seven people in the house. 

If I were to buy a car what would be deemed “reasonable” in terms of using the capital as currently I am the named driver on motability vehicle but would benefit from having my own vehicle. . 

Also to clarify I wouldn’t be refusing a settlement as such, as my ex isn’t offering me anything at all. My barrister says I’m entitled to 50% at least, so it’s more it’s about me putting forward a reasonable offer that will be negotiated. 

That's your choice.  Your adult children's partners have no right to stay at your house, they do so because you let them.  It therefore does not mean that you are overcrowded.

I notice that you haven't answered my question as to whether your adult children work or not?

daffodil73

wilfred30 said:

daffodil73 said:

So a bit more information, we are entitled to the extra bedroom because of the disability aspect. Both adult children have partners so when they stay over occasionally there can be seven people in the house. 

If I were to buy a car what would be deemed “reasonable” in terms of using the capital as currently I am the named driver on motability vehicle but would benefit from having my own vehicle. . 

Also to clarify I wouldn’t be refusing a settlement as such, as my ex isn’t offering me anything at all. My barrister says I’m entitled to 50% at least, so it’s more it’s about me putting forward a reasonable offer that will be negotiated. 

That's your choice.  Your adult children's partners have no right to stay at your house, they do so because you let them.  It therefore does not mean that you are overcrowded.

I notice that you haven't answered my question as to whether your adult children work or not?

Thankyou- one does yes. She’s saving up for a deposit on a house with her boyfriend. The older one no because she also has a long term disability and several health problems so can’t until a day when hopefully that’s under control. She has qualifications and hopes one day this will change but she’s been very poorly. 

I agree it’s my choice to allow the partners to stay over yes. It’s not an ideal situation for any of us and I’m sure not long term either - they are all trying to save up enough to move out. 

TELLIT01

daffodil73 said:

Thankyou. I guess I’m scared to settle for say 35k - but by the time I’ve paid off my legal fees, debts and bought a car/tumble dryer/bed/computer I’ll be under the 16k allowed -  and still able to claim the benefit.  I’ve no doubt my ex will notify UC out of spite as he resents me having my share and obviously I’ll need to know I can justify it. 

Your ex informing DWP will be a futile exercise as you have to do that yourself. 

Alice_Holt

The key with deprivation of capital is whether the intention in disposing of capital is to retain or increase entitlement to one or more means tested benefits. 

This judgement will be made by a UC decision maker, and any decision carries the right of appeal.  

Paying off debts is allowed under UC legislation.
The purchase of reasonable items (and even a reasonable holiday) should be allowed.
Giving money as a gift is more problematic, and you could find yourself subject to the notional capital rules.

https://medium.com/@rachel.ingleby/a-guide-to-deprivation-of-capital-income-a5f26cd9188c


As Spoonie says you can reapply for UC as soon as your capital dips below £16k.

https://www.entitledto.co.uk/help/Savings-and-other-capital-overview-Universal-Credit

daffodil73

TELLIT01 said:

daffodil73 said:

Thankyou. I guess I’m scared to settle for say 35k - but by the time I’ve paid off my legal fees, debts and bought a car/tumble dryer/bed/computer I’ll be under the 16k allowed -  and still able to claim the benefit.  I’ve no doubt my ex will notify UC out of spite as he resents me having my share and obviously I’ll need to know I can justify it. 

Your ex informing DWP will be a futile exercise as you have to do that yourself. 

My comment wasn’t to imply I wouldn’t be doing this - I merely meant that I have to get this absolutely correct as he will be watching my every move and I intend to be fully above board. because of the nature of my situation I need to be certain it’s what I’m allowed to do.