Single parent help

poppy12345

CharlieD2k said:

poppy12345 said:

CharlieD2k said:

I would hope no longer 2 months (less preferably) but that would be if I can claim single. If I can’t he’ll be here for the foreseeable which is not what either of us wants 

I don't think anyone can tell you for sure if a claim will be successful. It will be down to a decision maker to decide. You should also have separate bank accounts.

Thanks everyone for your replies I’m going to ring citizens advice on my lunch 

They will very likely give you the same advice you’ve been given here. 

Grumpelstiltskin

I think your husband is being unrealistic in thinking he can stay in the marital home whilst he saves up for the ideal rental and let you claim benefits for yourself and the children.

Has he thought about being a lodger somewhere or a HMO?

It does look like you can't claim as a single person whilst you are in this situation so there does need to be a rethink.

calcotti

Grumpelstiltskin said:

It does look like you can't claim as a single person whilst you are in this situation so there does need to be a rethink.

That is not correct. As already advised by others, it can be possible but a DWP Decision Maker has to decide whether or not the circumstances warrant a single person claim.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1077570/adme2.pdf

E2006 People living in one dwelling are not necessarily living together in the same household. Examples are....

2. two people who are married to each other or who are a civil partner of each other who separate and refuse to leave the home. They should claim as single claimants.

Example

Andy and Aniza are estranged and continue to live in the same house. They do not financially support each other or share domestic and social activities. One partner is reluctant to leave, until a satisfactory financial agreement has been reached with the other partner. They each have separate households and as such each claim UC as a single person.

E2012 A benefit unit can consist of a single claimant where that person

1. meets all the basic conditions for UC and

2. they are

2.1 not a member of a couple or
2.2 in some circumstances, a member of a couple but the other partner does not meet all the UC

basic conditions (see E2017 & E2021).

...

Example 4

Married couple Andy and Aniza are estranged and continue to live in the same house. They do not financially support each other or share domestic and social activities. One partner is reluctant to leave, until a satisfactory financial agreement has been reached with the other partner. They each have separate households and as such each claim UC as a single person

See also the section on 'Meaning of living together as a married couple' in
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661551/adme4.pdf

E4100 The DM should consider why the two people became members of the same household, how they share their lives now and their future plans.

Alice_Holt

Grumpelstiltskin said:

It does look like you can't claim as a single person whilst you are in this situation so there does need to be a rethink.

       Incorrect advice, I'm afraid. 

     Have a read of the comments before yours - as stated it will depend on the exact circumstances and a decision by a DWP DM.

Some more info for the OP here:
https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/who-can-claim/

poppy12345

Grumpelstiltskin said:

It does look like you can't claim as a single person whilst you are in this situation so there does need to be a rethink.

Not sure why you decided to give this advice when members had already advised before you saying the complete opposite. No one here can say for definite whether they will be able to claim as a single person, it will be for a DM to decide that.

I know of someone personally that i recently helped claim UC in this situation and they successfully claimed. They proved they were not living as a couple and a DM awarded them their first payment 3 months ago.