2nd property occupied by dependent child

SuseOrm

The sale was still going through until 5 September 2024. I’ve just realised Everything ‘s a year out.

I actually migrate it over on March 2023

Spoonie_Turtle

Did you tell them about the property?

When you claimed UC was it a managed migration, or did you choose to do it of your own initiative? 
If it wasn't managed migration then there's no 12-month disregard for capital over £16,000.
If it was managed migration and the house was initially disregarded, did you then tell them when you'd put it up for sale?

SuseOrm

Spoonie_Turtle said:

Did you tell them about the property?

When you claimed UC was it a managed migration, or did you choose to do it of your own initiative? 
If it wasn't managed migration then there's no 12-month disregard for capital over £16,000.
If it was managed migration and the house was initially disregarded, did you then tell them when you'd put it up for sale?

They migrated me due to a change of circumstances

poppy12345

SuseOrm said:

Spoonie_Turtle said:

Did you tell them about the property?

When you claimed UC was it a managed migration, or did you choose to do it of your own initiative? 
If it wasn't managed migration then there's no 12-month disregard for capital over £16,000.
If it was managed migration and the house was initially disregarded, did you then tell them when you'd put it up for sale?

They migrated me due to a change of circumstances

Then that’s not managed migration, that’s natural migration. Managed migration is when you receive a letter inviting you to apply. For this reason the 12 month disregard would not have applied anyway.

As your daughter is a full time student she would have only been able to claim UC herself if she receives a disability benefit such as PIP or DLA. 

SuseOrm

Amazing, So given that we’ve established the in theory, I’m not entitled to universal credits any more and I have a child not quite sure what to do next.  Any ideas on how we turn the house into food 🤣

HillStreetBlues

poppy12345 said:

SuseOrm said:

Spoonie_Turtle said:

Did you tell them about the property?

When you claimed UC was it a managed migration, or did you choose to do it of your own initiative? 
If it wasn't managed migration then there's no 12-month disregard for capital over £16,000.
If it was managed migration and the house was initially disregarded, did you then tell them when you'd put it up for sale?

They migrated me due to a change of circumstances

Then that’s not managed migration, that’s natural migration. Managed migration is when you receive a letter inviting you to apply. For this reason the 12 month disregard would not have applied anyway.

As your daughter is a full time student she would have only been able to claim UC herself if she receives a disability benefit such as PIP or DLA. 

Thanks,  for some reason I read it as a managed mirgration

FlorayG

Its a sad situation. Your daughter wouldn't have probably got any housing benefit for a rented property and anyway would have been very unlikely to have been able to find a rental without a guarantor - she would have ended up living with you. You did what you thought was the best thing for her but didn't know the legalities of it. You can only go to UC and make an arrangement to pay when the house is sold. I doubt very much that ignorance can be claimed as an excuse but maybe as a mitigating factor to give you longer to pay

SuseOrm

FlorayG said:

Its a sad situation. Your daughter wouldn't have probably got any housing benefit for a rented property and anyway would have been very unlikely to have been able to find a rental without a guarantor - she would have ended up living with you. You did what you thought was the best thing for her but didn't know the legalities of it. You can only go to UC and make an arrangement to pay when the house is sold. I doubt very much that ignorance can be claimed as an excuse but maybe as a mitigating factor to give you longer to pay

She would have been entitled to HB and i would have guaranteed it.  

They are only going to get the money back by deducting it from UC which it seems im not entitled to any more. 

Im far more concerned about the immediate issue of having zero income with a teenager.  

poppy12345

It’s no longer possible to claim housing benefit for most people under state pension age. She would have needed to claim UC for help with any rent and as a full time student, this wouldn’t have been possible unless she claims a disability benefit, as I advised in a previous comment. 

Going forward if it’s up for sale it can be disregarded for 6 months sometimes longer so in this case you could claim UC but only a decision maker can disregard it. 

sheramber

There is not much point in debating what might have happened but didn't.

It doesn't change the present situation.