Benefits help needed

angieb1606

Hi I'm married and we have a home that is in my husbands name only and we have separate bank accounts, my mum is recently widowed and isn't in the greatest health I need to move back down where she lives for approx 6 to 12 months to help her out she's due some ops and tests over the next year, I don't want to move in with her as I still want her to have her independence so want to rent a flat that's close by i live 350 miles away so staying at home not an option, I currently get contribution based esa and PIP would I qualify for anything I'm seeing something about disregards if away from home for 6 months, is anyone in the know about this that can advise please.

elsien

If you’re asking about help with rent, then no.

The rules you are referring to are around if you’re already get the housing element. Which you won’t be entitled to because you already have your own house. You and your husband are still married, you’re not separated, so the  property and his earnings would be taken into account any claim, I believe

Spoonie_Turtle

Absence of one party expected to, or exceeds, 6 months
E4152 Where the claimant is a member of a couple and the other member is temporarily absent from the claimant’s household, they cease to be treated as a couple if that absence is expected to, or exceeds, 6 months¹.
1.UC Regs, reg 3(6) 

https://assets.publishing.service.gov.uk/media/5a7575a740f0b6397f35e96f/adme4.pdf

This means you could make a claim as a single person, BUT I don't know how your home would be viewed for capital purposes.  Your ESA is your income-replacement benefit; if it is contributions-based it would continue and be deducted in full from any UC, and if any or all of it is income-related element that would stop completely and could never be reinstated.

Hopefully others can advise how your current home would affect any potential eligibility.

I've found these:

Premises not occupied as the home for a time
H2038 Premises usually occupied as the home are disregarded if
1. they are not occupied for a time and
2. the intention is to return to live in the premises as the home.
For example, if a person goes into residential care on a temporary basis and intends to return to the house which the person usually occupies as the home, the house is disregarded.

Premises occupied by former partner
H2050 Premises that are occupied by a person’s former partner as their home are disregarded indefinitely where the person and their former partner are not estranged but are living apart by force of circumstances. For example, where the person is in long-term care¹.
1.UC Regs, Sch 10, para 3

https://assets.publishing.service.gov.uk/media/67d982dba87d546feeda0193/admh2.pdf

But whether your circumstances would count in the above to be disregarded, I truly have no idea.

(And I also don't know if you could claim rent help, I don't have brainpower to look into that.  But all the official guidance is https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide )

Flugelhorn

bear in mind that you may have to pay second home council tax surcharge if you rent somewhere

huckster

I do not think these circumstances would allow housing rent under a separate single Universal Credit claim.

The OP says that they don't want to move in with their Mum, which suggests that moving in is a possibility, as there are no housing size or other issues that would prevent this.

Also the move is not 100% essential. They could organise local paid caring or other help. And they could go visit on specific dates, staying with Mum or B&B at their own cost.

I would suggest the OP checks with local support services where your mum lives to see what is available.

Has your Mum looked into claiming Attendance Allowance?

itsthelittlethings

It doesn’t look like your home would be disregarded as your husband would still be living in it and he is not your former partner.

Also do not underestimate the sheer toll of renting, finding a place, doing all the washing up, cleaning etc. as you will be coping with a health condition and caring for your mother at the same time.

itsthelittlethings

You could say you and your husband were living apart by force of circumstances.

Do you have the money to fund this move as from what I understand the DWP will not pre approve benefits, only award a claim (or not) once it is made.

Perhaps a few week long visits staying in hotels at appropriate times (ie just after an operation) or similar?

itsthelittlethings

Or just stay with your mother if she has a spare room, I think that’s what most people would do in the circumstances.

Rubyroobs

itsthelittlethings said:

Or just stay with your mother if she has a spare room, I think that’s what most people would do in the circumstances.

Exactly. It's unfair to expect the benefits system to fund a second home, although I'm not sure they would anyway as others have already explained. 

angieb1606

Trying not to move in with mum as don't want her to become too dependent on me we want her to keep her independence for as long as possible

KxMx

If you can't afford to move to help her full time, then you would be better off investigating what kind of day to day social care help she can get, and supplement that yourself with short temporary stays with her at necessary points, or nearby at a hotel/air b&b.