62 year old Mum and autistic brother - benefits help

Jimbob83 wrote: »

Hey everyone.

I was told by someone close to me about this forum and was hoping for some advice on behalf of my mum and brother.

I’ve put it in bullet point form in a way to better understand what’s going on.

- My mother and stepfather have been married for the last 25 years and lived in the same house since.

- They have a daughter who has moved out but a son with severe autism who cannot live independently and who my stepfather has nothing to do with.

- For the last 10 years the relationship between Mum and stepfather has broken down to the point where they live in the same house but have separate lives. He pays the mortgage/utilities but Mum provides food/clothing/other essentials for her and my brother.

- Late last year we discovered that my stepfather has not been paying the mortgage on the house and it was about to be repossessed. Only a last minute appeal in court stopped them from taking it. Instead, they demanded that the house be put on the market and the money from the sale be used to pay off the debt.

- Mum’s name is not on the mortgage, but she has a guarantee from my stepfather that she will be given half of whatever money is left over from the sale of the house once the debts have been cleared – but we don’t know how much that is going to be and when it will be received. As they are married, your mum's contribution to the household is seen as equal (as a starting point) to the payment of the mortgage if she divorces your stepfather. Bringing up children, childminding, and caring for a disabled son are all taken into account by a judge. If they don't divorce, but choose to live separately, I'm not sure of the legal situation.

- She’s in her early 60s and has no personal income (used to be a childminder but never made enough profit from this to pay tax, and had to give up last year due to rising fees and changes to regulations). She is now a full time carer for my brother and will struggle to work outside the home as he can’t be left alone for long periods.

- She has no savings and is also in debt recovery having to make payments every month. Is it just your mum, or is your stepfather in debt recovery too? Is he contributing to the repayments? Was the debt personal or household?

- She had been seeing someone last year and moved in with that person once they found out the house was being put up for sale, but that relationship quickly broke down, to the point where she is now moving back in to the original house until it is sold.

- The only benefits I know they have is Personal Independence (PIP) and carers allowance for my brother and when I’ve asked what they’ve said at the Citizen’s Advice about any other benefits or help for finding a place to live, she’s said they’ve told her there are other people out there who need a house more and that there are no other benefits available to them. Carer's Allowance is income for your mother, and PIP is for your brother. He should also be abe to claim ESA as he is presumably unable to work. To find somewhere to live, your mum could speak to the local council housing officer and put her name down. However, there are long waiting lists in most areas. Once the house is sold, assuming that she no longer lives with your stepfather from that point, she should register herself and your brother as homeless. She should also ask about getting a council house on the grounds of medical need as your brother is disabled. In my area, a friend had a great deal of help to find suitable housing, but I know that this isn't the case in all areas.

I suspect there might be other help available (e.g. housing benefit?) but I have no idea how any of this works and live a few hours away from her so I can’t go with her to meetings etc. I was hoping someone on here who had a bit of experience in this area could tell me what sort of things she and/or my brother would be eligible for her to help her get her back on her feet. Housing benefit is not avaible to her at the moment, as she does not rent. However, once the house is sold, she may be entitled to it (depending on how much money she has from the sale of the house), assuming that she then rents. If she and your brother live separately to your stepfather, she can also claim Income Support (as a carer) and council tax benefit.

If you need any other info please say and I will try to provide it.