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2nd property occupied by dependent child

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Comments

  • SuseOrm
    SuseOrm Posts: 518 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 13 February at 5:38PM
    marcia_ said:
     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. 
    No.  I was told I couldn’t claim for her as she was living separately.   Also told she couldn’t claim UC for herself nor housing element,  also not true.  

    She was forced to support herself.  I certainly couldn’t.  And pay two mortgages. 
    Obviously its futile discussion but she and i were at best wrongly advised 
  • Rubyroobs
    Rubyroobs Posts: 1,105 Forumite
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    SuseOrm said:
    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.  
    How would she have been entitled to housing benefit? no one ( except pensioners) can make a claim for housing benefit. She would have had to claim UC and wouldn't have been eligible for that as she was a student. 
  • poppy12345
    poppy12345 Posts: 18,890 Forumite
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    In a previous thread you said your daughter was in Uni so even if you could have claimed child element for her you wouldn’t have been entitled to it anyway due to her being a Uni student. See thread. https://forums.moneysavingexpert.com/discussion/6493327/selling-assets-and-porting-the-mortgage#latest

    Many students receive a student loan, did she have financial support from that? 

    I’ll repeat again that as a student she would only have been able to claim UC in her own right under very specific circumstances. Even then, if there was a maintenance loan available to her it would have affected UC, if she could have claimed it. 
  • SuseOrm
    SuseOrm Posts: 518 Forumite
    Third Anniversary 100 Posts Name Dropper
    In a previous thread you said your daughter was in Uni so even if you could have claimed child element for her you wouldn’t have been entitled to it anyway due to her being a Uni student. See thread. https://forums.moneysavingexpert.com/discussion/6493327/selling-assets-and-porting-the-mortgage#latest

    Many students receive a student loan, did she have financial support from that? 

    I’ll repeat again that as a student she would only have been able to claim UC in her own right under very specific circumstances. Even then, if there was a maintenance loan available to her it would have affected UC, if she could have claimed it. 
    Okay so I can understand why there’s a level of confusion I have more than one daughter. 
    That doesn’t forgive the sanctimonious twaddle though.  
    we have got to the bottom of it and I will post the pertinent information that was required by universal credits that I have pointed out to them and now we’re back to the beginning again
  • SuseOrm
    SuseOrm Posts: 518 Forumite
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     generally speaking what most forums tend to do is just stick to the information that’s given to them in the actual post instead of going off like Inspector gadget down a rabbit hole and trying to decipher a person’s entire life based on very limited information given that is only applicable to individual postings. 
    Perhaps at something to bear in mind because it very much comes across as though a lot of you have got far too much time on your hands and are quite frankly very rude and nosy.  And under the pretense of being helpful, no I don’t think so.
  • marcia_
    marcia_ Posts: 3,494 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
     😂🤣😂🤣 good luck with that 
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    100 Posts Name Dropper Photogenic
    edited 2 March at 12:32PM
    People as always offered advice in good faith. Maybe you are simply annoyed because you did not receive the answers you wanted to hear.
    People are not being nosey. They are simply asking pertinent questions so they can offer possible solutions and genuine support. No point in people just saying what you want to hear if the answers given are incorrect.
    On my part I am confused how someone can afford to be paying two mortgages, have equity in properties and still be receiving £650 a month UC. I am obviously missing something.

  • KxMx
    KxMx Posts: 11,197 Forumite
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    edited 2 March at 1:11PM
    Looking back at posting history assists people (who are volunteering their time to give guidance and support to those seeking help) not waste that time, by repeating advice which has already been given or giving answers which are potentially incorrect, because information is missing from the post. Viewing other posts can complete the picture and enable the answer needed to be given. 

    Benefits are a complex area and one additional piece of information can totally change response needed. 




  • Grumpy_chap
    Grumpy_chap Posts: 18,434 Forumite
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    edited 2 March at 1:27PM
    There seems to be nothing in the latest information given by the OP that changes the issue that the second property would appear not to be eligible for disregard under UC.

    There is a second property.
    That property is lived in by the OP's daughter who is at University.
    A disregard can be available for a property lived in by a close relative (which includes daughter) but only if that close relative:
     - has LCW
     - reached state retirement age
    https://assets.publishing.service.gov.uk/media/6798cc97cbd1e3a508a22d5d/admh2.pdf

    The OP's daughter has not reached state retirement age.
    I do not recall seeing anything in the thread to indicate that the daughter has LCW.

    I can't see how the second property can be disregarded capital and, hence, UC will be affected.

    There is a disregard available (usually up to 6 months) while the property is being marketed for sale.  The DM can extend that 6-month period but I do not believe that it can be applied backwards to when the property was occupied by the OP's daughter and not being marketed for sale.
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