Universal Credit query

born_again

https://forums.moneysavingexpert.com/discussion/comment/81905752#Comment_81905752

Sole or joint?

Pablolufc

https://forums.moneysavingexpert.com/discussion/comment/81905814#Comment_81905814

Its a sole claim

Grumpy_chap

It is difficult to see how a couple still living under the same roof and still sharing joint bank accounts can satisfy the criteria for one of the couple to make a sole claim for UC.

What does "early stages of divorce" mean? Is that just a statement made between the couple?

If so, what is to stop the couple getting through the current rough patch and just carrying on with life?

Alternatively, has something been created and documented with more of a legal basis that establishes the process has commenced and not realistically reversible?

If so, what provision for splitting of marital assets is in that agreement and, hence, does it result in neither party actually being eligible for UC even if assessed as two single claims?

I don't mean to be harsh on the OP at a difficult life moment, but that is what a DM might well ask and it seems reasonable as, otherwise, any couple could just say "we are going to divorce" and qualify for means-tested benefits when the reality is there is no separation.

born_again

https://forums.moneysavingexpert.com/discussion/comment/81905911#Comment_81905911

Sorry my bad. Is it a sole or joint acc paid into?

Pablolufc

https://forums.moneysavingexpert.com/discussion/comment/81905963#Comment_81905963

I fully agree with your point! I am surprised that her claim was accepted and I am concerned that at some point we might be questioned. However if you look at some of the earlier comments then it appears that the claim may be eligible. In terms of divorce - it has been filed for, currently going through financial disclosure. My limited understanding would be that she would not be able to claim unless we were seperated and living apart.

Pablolufc

Paid into her account

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81906008#Comment_81906008

As for "surprised her claim was accepted", AIUI, a claim is assessed initially on the basis of good faith that the information provided within the claim is complete and correct. Any verification will follow in due course and any overpayment reclaimed.

It has to be that way really as undertaking the verifications can take time while a new claimant in need of financial support needs that support sooner than the verifications could be performed.

Pablolufc

https://forums.moneysavingexpert.com/discussion/comment/81906022#Comment_81906022

Thank you - I have raised it with my solicitor and requested she contributes 50/50 to bills while she is reciept

NedS

https://forums.moneysavingexpert.com/discussion/comment/81906008#Comment_81906008

If I were you I would focus on separating your finances. Start by closing all joint accounts, or at least one of you being removed from any joint accounts.

She needs to be able to demonstrate to UC that you live financially separate lives otherwise her claim is potentially fraudulent. She buys her own shopping, you buy your own. You sleep in separate rooms. She pays her bills, you pay yours.

Remember, the advice your solicitors are giving you relates to your divorce (such as advising not to move out of the marital home) and is completely removed from any benefit related issues caused by your wife claiming UC where one of you moving out would immediately clarify the benefits relationship situation.

Grumpy_chap

There could be two reasons why her claim for UC might be found to be ineligible:

1. If it should have been a joint claim then it would appear the OP plus wife would not have been eligible.
2. If it is appropriate as a single claim, then one assumes she would be assessed to have a certain amount of capital arising from the marital assets and that might have made her ineligible.