Can she claim housing benefit?

SLK22

Hi and thank you to anyone who answers and can clear this up for me. I think I know the answer but it doesn't quite match "my" scenario.
Can a person claim housing benefit if they are renting a house their ex owns? It is not a house they lived in together or even in the same place. They were together in Essex, this house is in Cornwall. Just adding that info in case rules are different in different places. The house was bought after they split but with the intention she'd move into it. They have two children together both under 16. From what I've read she could only claim benefits if it wasn't a house they lived together in or if they didn't have children. Is this correct? Thank you 

poppy12345

New claims for housing benefit are no longer possible, unless they are already claiming housing benefit and they are moving to the same local Authority. It would be Universal Credit they would need claim. Whether there's any entitlement will depend on circumstances. If it's UC they need to claim then they should use a benefits calculator to check entitlement.

Renting from a former partner

Under universal credit rules, there's no restriction on renting from a former partner as long as it's a genuine commercial agreement.

Under housing benefit rules, you can't claim in either of the following situations:

• you used to live in the home as a couple

• you have a child together who is under 16 and lives with you

https://england.shelter.org.uk/housing_advice/benefits/claiming_benefits_if_you_rent_from_family

NedS

No, she cannot claim housing benefit under such circumstances as there are no new claims for housing benefit allowed.

She would need to see if she is entitled to claim Universal Credit, and a housing element may be payable under that, depending on her circumstances.

She should check the eligibility calculators available online to see if she is eligible.

SLK22

NedS said:

No, she cannot claim housing benefit under such circumstances as there are no new claims for housing benefit allowed.

She would need to see if she is entitled to claim Universal Credit, and a housing element may be payable under that, depending on her circumstances.

She should check the eligibility calculators available online to see if she is eligible.

Thank you both. I should of mentioned  she would of claimed back in 2019. I'm not sure if it was still housing benefit then or switched to universal credit?
From what I can tell because they have children together, regardless of whether they lived together in that house she cannot claim?

poppy12345

SLK22 said:

NedS said:

No, she cannot claim housing benefit under such circumstances as there are no new claims for housing benefit allowed.

She would need to see if she is entitled to claim Universal Credit, and a housing element may be payable under that, depending on her circumstances.

She should check the eligibility calculators available online to see if she is eligible.

Thank you both. I should of mentioned  she would of claimed back in 2019. I'm not sure if it was still housing benefit then or switched to universal credit?
From what I can tell because they have children together, regardless of whether they lived together in that house she cannot claim?

No new claims of housing benefit for working age people have been possible since Dec 2018. I'm assuming you didn't read the link i posted. For UC it says this..

poppy12345 said:

Renting from a former partner

Under universal credit rules, there's no restriction on renting from a former partner as long as it's a genuine commercial agreement.

Housing element is paid as part of UC. Whether there's any entitlement to UC will depend on her circumstances, as advised.

SLK22

I did read it @poppy12345 I couldn't quote your comment as it contains a link and I'm new to the forum. And you've found what I found, that because they have children together she cannot claim for the housing part of universal credit. 

poppy12345

SLK22 said:

I did read it @poppy12345 I couldn't quote your comment as it contains a link and I'm new to the forum. And you've found what I found, that because they have children together she cannot claim for the housing part of universal credit. 

That's not what it says in the link i provided. The part about children applies to housing benefit. Housing element is a completely different benefit.

SLK22

poppy12345 said:

SLK22 said:

I did read it @poppy12345 I couldn't quote your comment as it contains a link and I'm new to the forum. And you've found what I found, that because they have children together she cannot claim for the housing part of universal credit. 

That's not what it says in the link i provided. The part about children applies to housing benefit. Housing element is a completely different benefit.

Ah ok sorry I must of missed that. Didn't even noticed when I looked. Thank you. 

SLK22

Just to update she couldn't claim because they have kids together 

Spoonie_Turtle

"Renting from a former partner

Under universal credit rules, there's no restriction on renting from a former partner as long as it's a genuine commercial agreement."

poppy12345

SLK22 said:

Just to update she couldn't claim because they have kids together 

How does she know in such a short space of time? If she doesn't already claim housing benefit then to claim for help with any rent she will need to claim Universal Credit.

If she's already claiming housing benefit and her X partners house is in a different local Authority then she will need to claim UNiversal Credit for help with any rent.

As has been advised a few times, the rules for housing element are completely different to housing benefit.

poppy12345 said:

Renting from a former partner

Under universal credit rules, there's no restriction on renting from a former partner as long as it's a genuine commercial agreement.