2nd property occupied by dependent child

SuseOrm

Again, just in the interests of correcting the misinformation in case anybody else is searching and comes across this thread

Students who are in one of the above groups would be considered eligible for Housing Support where they are:

• receiving Income Support, Job Seeker's Allowance (Income Based), Employment and Support Allowance (Income Related).
• part-time students
• under 21, in further education (not higher education), as long as they were enrolled/accepted before the age of 19
• under 20 and for whom Child Benefit is still payable
• of pensionable age
• a student couple where both students are responsible for a child
• a student couple where one is a student and responsible for a child; the non-student must claim
• lone parents who are responsible for a child
• responsible for foster children
• able to qualify for the disability premium/severe disability premium
• incapable of work (as decided by the Department for Works and Pensions) and have been for at least 28 weeks
• in receipt of a Disabled Student Grant which includes an allowance for deafness
• unable to get a grant or student loan following an absence from their studies (with consent) due to illness or providing care to another person

poppy12345

I don’t see any misinformation about students and UC. All other benefits you mentioned above are no longer possible to claim. 

See link 
https://www.gov.uk/guidance/universal-credit-and-students

SuseOrm

poppy12345 said:

I don’t see any misinformation about students and UC. All other benefits you mentioned above are no longer possible to claim. 

See link 
https://www.gov.uk/guidance/universal-credit-and-students

They absolutely are. They’re on that list that you’ve just produced a link to. 

Anyway, I’m not debating this. There’s nothing to debate. She would’ve been entitled. She was misled. They pretty much conned her out of any support towards Housing and landed me in the !!!!!!,  But no doubt they’ll be zero consequences for them.  

marcia_

SuseOrm said:

poppy12345 said:

I don’t see any misinformation about students and UC. All other benefits you mentioned above are no longer possible to claim. 

See link 
https://www.gov.uk/guidance/universal-credit-and-students

They absolutely are. They’re on that list that you’ve just produced a link to. 

Anyway, I’m not debating this. There’s nothing to debate. She would’ve been entitled. She was misled. They pretty much conned her out of any support towards Housing and landed me in the !!!!!!,  But no doubt they’ll be zero consequences for them.  

 Its universal credit rules that matter. The other benefits are no longer available.
From the link 

• you’re aged 21 or under, in full-time non-advanced education and do not have parental support"

 That means estranged like children who are leaving care or the relationship has broken down and the child was thrown out. Which dont apply as you were providing the accommodation and assuming financial support also. 

SuseOrm

marcia_ said:

SuseOrm said:

poppy12345 said:

I don’t see any misinformation about students and UC. All other benefits you mentioned above are no longer possible to claim. 

See link 
https://www.gov.uk/guidance/universal-credit-and-students

They absolutely are. They’re on that list that you’ve just produced a link to. 

Anyway, I’m not debating this. There’s nothing to debate. She would’ve been entitled. She was misled. They pretty much conned her out of any support towards Housing and landed me in the !!!!!!,  But no doubt they’ll be zero consequences for them.  

 Its universal credit rules that matter. The other benefits are no longer available.
From the link 

• you’re aged 21 or under, in full-time non-advanced education and do not have parental support"

 That means estranged like children who are leaving care or the relationship has broken down and the child was thrown out. Which dont apply as you were providing the accommodation and assuming financial support also. 

For goodness sake.  

I was only providing the accommodation and the financial support because they lied to her and told her that she wouldn’t be entitled to it on her own which she absolutely would’ve for other reasons on that list.  

Alternatively also on that list is the fact that she could’ve been on my claim and I could’ve continued to have received financial support towards her whilst studying which would’ve changed the decision around keeping that property.  

If you or I lie through omission it’s still a lie. If they do it it doesn’t seem to hold any weight.  

marcia_

 They did not lie. 

 She was never estranged from her parents, you had not had a relationship breakdown, she was not forced to support herself. Any claim stating she was would have been fraudulent. 

 You chose to stop claiming for her, that is on you. 

Grumpy_chap

SuseOrm said:

Again, just in the interests of correcting the misinformation in case anybody else is searching and comes across this thread

Students who are in one of the above groups would be considered eligible for Housing Support where they are:

• receiving Income Support, Job Seeker's Allowance (Income Based), Employment and Support Allowance (Income Related).
• part-time students
• under 21, in further education (not higher education), as long as they were enrolled/accepted before the age of 19
• under 20 and for whom Child Benefit is still payable
• of pensionable age
• a student couple where both students are responsible for a child
• a student couple where one is a student and responsible for a child; the non-student must claim
• lone parents who are responsible for a child
• responsible for foster children
• able to qualify for the disability premium/severe disability premium
• incapable of work (as decided by the Department for Works and Pensions) and have been for at least 28 weeks
• in receipt of a Disabled Student Grant which includes an allowance for deafness
• unable to get a grant or student loan following an absence from their studies (with consent) due to illness or providing care to another person

I understand that new claims cannot be opened for at least some of those support categories but have to be opened as UC claims.  There may be some students on legacy benefits that can also gain from housing support but that must be an ever-dwindling cohort.

Which of the exceptions would your daughter be seeking to be eligible for a UC claim and, hence, housing support?
https://www.gov.uk/guidance/universal-credit-and-students

A year ago you were moving in with a new partner so your UC claim should be a joint claim and, on the basis of you then having two properties between you that are neither of your homes, that would be sufficient equity to reduce the joint UC claim to nil irrespective of what happens with the property your daughter is currently living in:
https://forums.moneysavingexpert.com/discussion/6503517/how-to-make-this-fair-is-it-even-possible#latest

Spoonie_Turtle

SuseOrm said:

poppy12345 said:

I don’t see any misinformation about students and UC. All other benefits you mentioned above are no longer possible to claim. 

See link 
https://www.gov.uk/guidance/universal-credit-and-students

They absolutely are. They’re on that list that you’ve just produced a link to. 

Anyway, I’m not debating this. There’s nothing to debate. She would’ve been entitled. She was misled. They pretty much conned her out of any support towards Housing and landed me in the !!!!!!,  But no doubt they’ll be zero consequences for them.  

Those benefits are not available to people opening a new claim for financial support (with a couple of exceptions for HB - but your daughter is definitely not of pension age!), and haven't been since 2017 or thereabouts.
https://www.disabilityrightsuk.org/resources/housing-benefit#_Toc120177474
https://www.housing-rights.info/02_2_4_HB_eligibility.php#what-is-universal-credit-uc

She would have had to attempt to claim UC, as numerous other commenters have already said.

Regardless.  Your property can be disregarded since it's for sale, if the DM is satisfied you have been genuinely trying to get it sold from the time you did out it on the market.  But not telling them about it at all, per your lack of response to those questions, was unfortunately a big mistake from the start.

peteuk

SuseOrm said:

Hello so I’ve had a letter from universal Credit telling me basically that they are going to take the capital from a property that I don’t live in into consideration which means I would’ve been overpaid for 12 months on universal credits. 

However,  My then,  1819-year-old daughter was living in the property. We moved down south and she remained in it so not to disrupt her education. She has now moved down south and the property has been on the market ever since.  

I’ve received no income for it. It hasn’t been rented out at no point with any payments made. 

by the calculations that I have carried out Theres about £30,000 in equity -6000 that’s disregarded

So £24,000 seems to mean that they have claiming I have an income of £450 a month from this property ?  Does this sound right?

How are we supposed to survive? We’re literally receiving. £650 a month for myself and my son this doesn’t even cover food/fuel as it stands.  

Does this sound right?  Does a human being with any level of common sense. Look at the case ? 

Lets go back a year....How to make this fair is it even possible? — MoneySavingExpert Forum

You had two houses, with an estimated £120,000 in equity across the two, your new partner had a third house, which you claimed to be assest rich, money poor. You didnt want to move in with him and end up paying his mortgage. 

Where is he now....

I have to assume things didnt turn out for you, and your living with your son in one of your two houses. Whilst your daughter lived in the other.  Why move south?  When that house has the bigger equity.  

Youve moved from TC due to a change of circumstance rather than migration, so therefor on applying for UC you had two properites, one of which you (as a claimant) was not residing in.  At this point you were not entitled to UC.   You can point the finger and blame everyone at the DWP, but for me this is a situation of your own making. 

Youve made a decision to move, without fully taking on board all the effects that this has. You made the decision to have your daughter remain in the property and have failed to fully assess the situation.  As it is, DWP have now realised youve got a second property.  Youve been advised this can be disregarded for 6 months whilst you sell it and that this can be extened under certain circumstances. 

Looking back at what is right,wrong or in different is pointless.  Because whatever advice you are given, in your eyes its not going to be right.  No one here is going to give you the answer you really want. 

So what happens, UC is stopped, you struggle a little until your house sells, you get the money and you pay off your debts.  Once your capital is less than £16K you reclaim UC. If there is an overpayment of UC, then this will either be put against any benefit claims you have, or passed to the debt section of DWP.   You can then set up a very simple payment plan and pay it back over how many years you choose.  The thread is now 5 pages long and your clutching at straws to try and get an answer thats suits your narative.  

The reason for moving people from TC to UC was to close the loopholes that allowed claimants who had capital but low paid jobs, boost their income with benefits. You were sat on £120K, yet claiming TC/UC.  Yes you need a house and no one wil disagree with that, nor do I disagree with the decision to keep your daughter in education. I just dont believe you fully thought this through, or took the correct advise before going ahead and moved and that  this has now backfired.   

Your totally correct someone with common sense will look at the case, but then apply the law to the situation and at which point, the law wins. Sorry! 

peteuk

Is it just me or is something not adding up...

£650 UC?  So I assume OP is working as they paying two mortgages, yet cant feed/fuel a house of two on £650. 

My fuel bill is £146 a month (fixed tarrif) and food bill is approx £100 a week for three adults. (HelloFresh at £50 (4 meals for 3 people) a week and then £50 tescos which we sometime buy someything extra to get it over the £50 minimal to avoid the £5 extra charge)

SuseOrm said:

How are we supposed to survive? We’re literally receiving. £650 a month for myself and my son this doesn’t even cover food/fuel as it stands.