Advise about universal credit

nova_dee · 14 November 2018 at 12:34AM

Hello, can I ask please for advice about universal credit.
Apologies for long narrative, just so confused I don’t know what to do.
I left my husband and our house last September. I have 16 year old who is in full time education and a 20 year old son who received enhanced rate both for care and mobility . Tenancy and all utilities are in my name. I’m my son’s appointee so his pip goes into my account . My husband is the main carer but carers allowance goes into my account. I work at least 30 hours a week.

I left and ended our relationship because it had reached a point where we can’t compromise anymore and it has become emotionally draining and a abusive.

The reason I left the house is I’m hoping that my husband can claim the benefits because he struggles to find a job. I have always been the breadwinner because he can’t hold a permanent job.

Last October I was hoping that he would also get the housing element but since the tenancy is in my name- we forfeit our housing benefit and won’t get any help. I decided to hand over my tenancy to my husband but was advised by housing association that the best recourse is to go back to our house as i would make myself intentionally homeless and won’t get help in the future in case I need help and it’s not a guarantee that they will transfer it to my husband.

I don’t know what to do - I want to go back to be with my kids and to take care of them. I don’t want my husband but I can’t gelp feel sorry for him he had nowhere to go to and no money as everything we receive goes to expenses. If he leaves should he give up being carer for my son or can he carry on as a carer even though he’s not living in the house anymore? (More like carer when I’m st work) or should I just be the sole carer? Can he get helped too?

Up until now I’m still paying for everything- with my income, carers allowance and pip. I’ve been off work for 3 weeks so I’m really worried about my payables.

I’m sorry for the long narrative and for being daft but I’m in such a loss.please can anyone have the heart to help me. Thank you

pmlindyloo · 14 November 2018 at 11:17AM

It is very difficult to advise you as we do not know your personal situation.

In a way much depends on your disabled son and the care he needs. Plus, whether your children like the set up of being with their father and mother visiting or whether they would be happy to live with you and have their father visiting to care for your disabled son.

Plus, of course, if the HA will transfer the tenancy agreement to your husband. I think it is a bit of a red herring about your making yourself intentionally homeless as you are working and, presumably intend to do so and can afford privately rented accommodation.

Options as I see it.

1. You ask that the tenancy is transferred to your husband's name. He can then claim the housing element of UC. He can also continue to claim the carer's allowance and this should be transferred to his bank account. If he is the main carer then you can change the appointeeship to his name and your son's PIP can also go into his bank account. Ditto with any child benefit if you are receiving it.
You can then agree on an amount that you pay for child support and make child contact arrangements.
Depending on your earnings you make also be eligible for UC.

2.
You return to the house and ask him to leave. He could still claim the CA for your son if he remains the main carer but it should go into his bank account as it would be deducted from his UC as it is counted as income (a carer's element is then added) and also make a single claim for Universal Credit (You can't claim CA as you are working too many hours.) As a carer he would not be expected to look for work. He would need to find a property to live in. It may be possible for him to go on the housing list as a carer. He should visit the local council to ask about this.

Not an easy decision and there may be more options someone else can think of.

Do you and your husband intend to divorce?

nova_dee · 15 November 2018 at 1:19AM

pmlindyloo wrote: »

It is very difficult to advise you as we do not know your personal situation.

In a way much depends on your disabled son and the care he needs. Plus, whether your children like the set up of being with their father and mother visiting or whether they would be happy to live with you and have their father visiting to care for your disabled son.

Plus, of course, if the HA will transfer the tenancy agreement to your husband. I think it is a bit of a red herring about your making yourself intentionally homeless as you are working and, presumably intend to do so and can afford privately rented accommodation.

Options as I see it.

1. You ask that the tenancy is transferred to your husband's name. He can then claim the housing element of UC. He can also continue to claim the carer's allowance and this should be transferred to his bank account. If he is the main carer then you can change the appointeeship to his name and your son's PIP can also go into his bank account. Ditto with any child benefit if you are receiving it.
You can then agree on an amount that you pay for child support and make child contact arrangements.
Depending on your earnings you make also be eligible for UC.

2.
You return to the house and ask him to leave. He could still claim the CA for your son if he remains the main carer but it should go into his bank account as it would be deducted from his UC as it is counted as income (a carer's element is then added) and also make a single claim for Universal Credit (You can't claim CA as you are working too many hours.) As a carer he would not be expected to look for work. He would need to find a property to live in. It may be possible for him to go on the housing list as a carer. He should visit the local council to ask about this.

Not an easy decision and there may be more options someone else can think of.

Do you and your husband intend to divorce?

Thanks for your reply.

I really wanted to be with my kids. Inasmuch as I want to divorce him - I can’t afford it. I thought I was doing him a favour by leaving but it looks as though he will give me a hard time.

I am thinking of the 2nd option really. Just not sure whether he can still be the main carer if he is not living in the house.

I don’t want him in the house when I’m there but I need to work.

Can the HA help him with regards to finding a place to live in?

Thank you again for replying. Much appreciated

poppy12345 · 15 November 2018 at 6:47AM

nova_dee wrote: »

Thanks for your reply.

I really wanted to be with my kids. Inasmuch as I want to divorce him - I can’t afford it. I thought I was doing him a favour by leaving but it looks as though he will give me a hard time.

I am thinking of the 2nd option really. Just not sure whether he can still be the main carer if he is not living in the house.

I don’t want him in the house when I’m there but I need to work.

Can the HA help him with regards to finding a place to live in?

Thank you again for replying. Much appreciated

He can still claim the carers allowance providing he looks after your son for at least 35 hours per week.

It's very doubtful that he would be successful with a social housing property, the waiting lists are huge.... many years even. He will have to go down the private landlord route, which isn't easy if you're claiming benefits. Very few landlords accept those claiming benefits and if they do, it's highly likely they will ask for a guarantor.

nova_dee · 15 November 2018 at 10:53PM

Okay thank you very much for your reply...

Advise about universal credit

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