On Universal credit (mortgage to tenancy)

Strawberryz · 18 June 2019 at 1:53AM

Hi
I’m currently in the family home, separated (18 months)
Our home is joint mortgage but my ex/husband wants to move back in and is “encouraging” me to get my own place.
Im starting to think this might be an ok solution to move to be closer to my eldest son and family.
I’m on UC and limited capability for work and work related activity (LCWRA)

?:question: If I go to a rented property will our joint mortgage house count as assets? My children are also staying in the family home. I’m worried I won’t be able to claim anything.

? :question: I’ve filled in the entitled2 questionnaire to see what it comes out to if I don’t count the house and get “exempt from benefits cap” does this mean I’ll be able to claim for the full amount of the rent?

I’m so confused right now and don’t know what to do next.
Any help and guidance will be appreciated

I’m long term sick and worked until my redundancy 2 years ago.

Thanks

huckster · 18 June 2019 at 6:21AM

The way this will be looked at, is that there is no good reason why you would be moving to a different address.

If you had a court order against you, saying you had to leave the family home, then you would have no choice in the matter. But leaving the family home on a voluntary basis, would most likely mean that the capital in the family home would be considered and if your equity stake was above £16k, your UC claim would be closed.

I think your logic is correct, in questioning why would UC pay your housing costs at a new address. They would not do so, if you simply left a property you part owned and moved elsewhere.

I would suggest that you seek advice from Citizens Advice about this, as there is a lot to consider. For example, care of the children remaining in family home and any benefit claims for them. Your rights, if you did leave the family home. What if you needed to sell the house ?

calcotti · 18 June 2019 at 8:30AM

Strawberryz wrote: »

? :question: I’ve filled in the entitled2 questionnaire to see what it comes out to if I don’t count the house and get “exempt from benefits cap” does this mean I’ll be able to claim for the full amount of the rent?

The amount of help anyone is able to get with rent is restricted to the Local Housing Allowance rate for their postcode. This is almost always less than the actual rent payable. Rates can be found here https://lha-direct.voa.gov.uk/

As a single person you would be entitled to the one bedroom rate or the shared room rate depending on whether you are aged 35 or over.

Strawberryz · 18 June 2019 at 1:04PM

Thanks

I’d be moving because this is a large house on three floors. I’m finding it difficult because I have arthritis in my knees and other health problems. It’s just too big for me to cope now I’m on my own.
This is one reason to move to be by my grown up son and family.

I suffer badly with depression and because of bad things that happened to me here I need to move out for my mental health and sanity.

There’s a few reasons not just because I fancy a move 😊

I’m also exempt from the benefit cap because I’m getting the sickness top up in UC

Thanks for the guidance, I’ll find out about Citizens Advice. 👍🏼

Strawberryz · 18 June 2019 at 1:10PM

Thank you

Yes I’d be moving to a one bedroom property.

I’ve looked into the LHA and how much the cap is. I’m exempt from the benefit cap due to health reasons but still not sure how much rent they would help me with.

Thanks

tboo · 18 June 2019 at 1:38PM

Strawberryz wrote: »

Hi
I’m currently in the family home, separated (18 months)
Our home is joint mortgage but my ex/husband wants to move back in and is “encouraging” me to get my own place.
Im starting to think this might be an ok solution to move to be closer to my eldest son and family.
I’m on UC and limited capability for work and work related activity (LCWRA)

?:question: If I go to a rented property will our joint mortgage house count as assets? My children are also staying in the family home. I’m worried I won’t be able to claim anything.

? :question: I’ve filled in the entitled2 questionnaire to see what it comes out to if I don’t count the house and get “exempt from benefits cap” does this mean I’ll be able to claim for the full amount of the rent?

I’m so confused right now and don’t know what to do next.
Any help and guidance will be appreciated

I’m long term sick and worked until my redundancy 2 years ago.

Thanks

Why is he “encouraging” you to get your own place?

Will your ex be buying your half at a later date?

Has the mortgage company agreed to remove your name if he is buying you out

How old are the other children that will stay in the house with your ex

Strawberryz wrote: »

Thanks

I’d be moving because this is a large house on three floors. I’m finding it difficult because I have arthritis in my knees and other health problems. It’s just too big for me to cope now I’m on my own.
This is one reason to move to be by my grown up son and family.

I suffer badly with depression and because of bad things that happened to me here I need to move out for my mental health and sanity.

There’s a few reasons not just because I fancy a move 😊

I’m also exempt from the benefit cap because I’m getting the sickness top up in UC

Thanks for the guidance, I’ll find out about Citizens Advice. 👍🏼

Strawberryz · 19 June 2019 at 3:57PM

He moved out and living in shared house. ((Hischoice)

He says things like “you’d be better off by having a smaller house, less stairs (I’ve got painful osteoarthritis) easier to manage.... “
“Wouldn’t you prefer your own place”
and constantly reminds me he can’t afford our mortgage and his own bills.
That it’s not fair he can’t see the kids much ( he can actually see them when ever he wants)
It’s the constant stress and pressure. I feel like giving in.
It’s now unbearable living here emotionally and no help with maintaining the property.

It’s making my depression much worse.

I’ll talk to the mortgage company and see how I remove my name etc if I do move. Having said that I’ll lose any equity when it is sold later on.

The youngest is 14 so the house isn’t classed as assets until he’s 18 (if you’re a single parent. )

tboo · 19 June 2019 at 5:30PM

Strawberryz wrote: »

He moved out and living in shared house. ((Hischoice)

He says things like “you’d be better off by having a smaller house, less stairs (I’ve got painful osteoarthritis) easier to manage.... “
“Wouldn’t you prefer your own place”
and constantly reminds me he can’t afford our mortgage and his own bills.
That it’s not fair he can’t see the kids much ( he can actually see them when ever he wants)
It’s the constant stress and pressure. I feel like giving in.
It’s now unbearable living here emotionally and no help with maintaining the property.

It’s making my depression much worse.

I’ll talk to the mortgage company and see how I remove my name etc if I do move. Having said that I’ll lose any equity when it is sold later on.

The youngest is 14 so the house isn’t classed as assets until he’s 18 (if you’re a single parent. )

So he's emotionally blackmailing you to leave due to money - does he pay you anything at the moment?

The 14 year old will live with him and you will be a single person elsewhere - do you not realise that you will lose all child related benefits ie ChB CTC etc when this happens

The mortgage co may not authorise the removal of your name

You have every right to stay in the property if you have dependant child/ren there so I suggest you speak to the CAB urgently

sheramber · 19 June 2019 at 6:23PM

the better solution would be to sell the house and each go your separate ways.

Or he buys you out and stays on in the house, assuming he can get a mortgage in his own name.

huckster · 19 June 2019 at 11:26PM

If you did decide to move, you must declare the capital value you hold in the family home you are leaving. You will have to complete a form for Universal Credit to enable a decision maker to decide whether to disregard the capital. Any disregard would only be temporary if agreed and you could find yourself not entitled to UC at some point when any disregard was ended.

Get the advice from Citizens Advice before you make any decisions. Agree that selling and splitting the equity proceeds may be the way forward.

On Universal credit (mortgage to tenancy)

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