Separating but living together

Clouds88

Hey, 

Has anyone had separate benefit claims and lived under the same roof as an ex? We currently live in private 2 bed house, ‘entitled’ to 3 so LHA cover our rent thankfully but anymore rooms is way above the LHA rate and unaffordable. My husband is on ESA/PIP and sleeps on the sofa. We are band B in housing list, been on that for 15 months now and doesn’t seem like we would ever get anywhere. Our ‘entitlement’ is 4 beds, as husband needs his own room for his health which they have accepted.

but, he’s been to the DR a few months ago, he hasn’t got anywhere to escape and having MH problems and needing space he isn’t coping well coupled with a bad back. I’ve talked to the local MH social team as council said if someone can prove his housing conditions are affecting his health they can award us with another need. However, they said they don’t write supporting letters for housing, neither do GP.

it is taking a massive toll on our marriage and I am not coping well. I work, currently on Mat leave but due back in a few months. Can we separate and have separate benefit claims? Mine would be my wages topped up by small UC and his would be his UC/PIP/ESA. With the view to me saving for a shared ownership home and moving out in a year or two with the kids and he can stay in this 2 bed rented place? So I would get the mortgage in my name only but obviously due to financial issues and the fact I do care for him means we will have to stay living together for the time being.

we have had this convo but haven’t made a final decision yet, if we had a bigger house and he had his room to escape to it wouldn’t be so bad and I probably would keep things as they are and try and move forward but I can’t live like this forever it’s affecting everyone.

Thanks. 

poppy12345

It is possible to continue to live together and claim UC as single people. However, you would need to prove that you're living as single people. This would mean, paying your own bills, buying your own food etc. Not easy to prove.

Also be aware that when claiming UC then savings of more than £6,000 affects your UC and will reduce it. For every £250 or part there of over this amount there's a £4.35 per month deduction. For savings of more than £16,000 entitlement to UC ends.

calcotti

Clouds88 said:

Can we separate and have separate benefit claims? 

The short answer is yes but if you are still living in the same house you would have to persuade DWP that your marriage has irretrievably broken down. You would need to maintain separate finances. There is no guarantee that DWP will accept that you are separated while you are in the same house.

Clouds88

We have never had a joint bank account, he already pays for his stuff, me for mine. We don’t sleep in the same room. He hardly leaves the house, I won’t be using him for childcare on return for work as he’s not stable enough I think I could prove it enough. 

The only problem is separate living space, he has no room and there is only one living space in this house so we have to share it no choice until I can afford to move. Catch22
I also have a recent police report of wanting him to leave and then he begged to come back and has been better, I also can’t really leave a vulnerable person homeless but it’s still difficult in this small house. So I could also prove difficulties in our relationship due to his issues. 
  It’s just terrifying I don’t want to be accused of thought to be committing benefit fraud. It hardly makes a difference in money if we are together or separate but in a year or so it would also help to show the mortgage people that I am on my own and my top up of UC can be included. 

poppy12345

It would be down to a decision maker to make the final decision.

KxMx

My GP won't write letters for free for things like housing but will for a small charge - classed as private work- would a similarly worded request to your GP perhaps work? 

nannytone_2

If he applied to the council as a single, vulnerable person, you may find that they might be able to help.
A friend was in a similar position, and the council were able to offer her now ex husband a studio flat

Rubyroobs

Easier just to try and get him his own place. they will look at things like whether you share meals, days out etc. Also how would you split the rent element of Uc, would you claim half each ?

sammyjammy

If you can find him somewhere he would get help with rent.  Could you temporarily swap so that he can have some private space and you and the family have the other bedroom and the rest of the house?

sheramber

How  will separating and still carrying on living as you are improve the situation?

Can you sleep on the sofa or in the children's bedroom / they share your bedroom and give him a bedroom?