Mesher order and universal credit

HillStreetBlues

Meatymonster said:

HillStreetBlues said:

Meatymonster said:

HopeAndDriftWood said:

They'll disregard the capital; yes, which is what that Regulation states... but they won't pay her the rent element to pay to you.

Is there something in the regs to say you can't get UC if you rent from a former partner?

Yes https://www.legislation.gov.uk/ukdsi/2013/9780111531938/schedule/2 Sch 2, para 10(2)
In the way you describe it would be classed as a Contrived Tenancy.

Thanks. If I'm reading it right it would be the earlier paragraph 5 and the fact I'm the father of the kids, rather than former partner

On that depends on who has responsibility for the children, but either way UC won't pay any rent.

sheramber

Renting from an ex partner

You can get universal credit housing costs to rent from an ex partner if you have a proper tenancy agreement.

You cannot claim housing benefit if either:

• you lived as a couple in the home you now rent

• 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#:~:text=Renting from an ex partner,16 and lives with you

Spoonie_Turtle

sheramber said:

Renting from an ex partner

You can get universal credit housing costs to rent from an ex partner if you have a proper tenancy agreement.

You cannot claim housing benefit if either:

• you lived as a couple in the home you now rent

• 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#:~:text=Renting from an ex partner,16 and lives with you

So UC technically potentially yes, HB definitely not.

Only 'potentially' but probably not here, because if she used to joint own the house and is taken off the deeds in order to create a rent liability, that's going to be a contrived tenancy almost certainly.

sheramber

What exactly are you proposing?

Your wife would move out to live elsewhere and you remain in the marital home ?

Where do the children live?

What is the rent your wife would be paying to you?  

On what property?

Will there be a proper tenancy agreement ?

huckster

I just hope the partner is obtaining their own independent advice.