Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder dearyme70 Novitiate

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    Default I need to leave my partner but have no idea if i would get benefits?

    Hi

    I am looking for some advice (and hope I am in the right place!!)

    My long term partner and I need to separate but our situation is very complicated and I really don't know where to start!

    We own a house together (2 bed terrace) with basically no equity. He however owns several other properties only in his name.

    We have 3 children together aged 1, 9 and 14.

    There is no advantage in me waiting for our house to sell because I would not be able to get another mortgageicon and there would be no money left once the mortgageicon and other fees are paid.

    I work but only earn 10k pa so currently am entitled to working tax credits and child tax credits but nothing else.

    Can anybody tell me if I were to leave and find somewhere for me and the kids to rent if I would be entitled to any support?

    I really don't want to move too far away because of the children and there aren't any council houses around here so think I would have to rent privately and I'm not sure if DSS would even consider this?

    Any help would be great I really don't know which way to turn but cannot keep living like this it's not doing any of us any good.

    Many thanks

    Dearyme


  2. #2
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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    hi Dearyme,
    sorry you find youself in this position
    but before anyone can give some advice to what you may or not be entitled to

    just a few questions need to be answered
    do you intend to carry on working?
    how many hours do you work each week?

    would your partner move out of the house you own jointly?

    do you have an interesticon in any of the other properties ?


  3. #3
    Basic Account Holder dearyme70 Novitiate

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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    Hi Mikey

    I currently work between 35-40 hours a week and hope to be able to continue working but my partner and I work together so it may not be easy!!!

    I am going to have to leave our home as my partner refuses to do so (he thinks we can carry on as we are!)

    I don't have my name on any of his other properties (just the one we live in with no equity)

    Thanks for your time

    dearyme


  4. #4
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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    One other question that could be relevant. The way I read the post, the children would live with you after you separated. Is this the case?

    Edit - Sorry, ignore this - I didn't read your OP closely enough. My bad.

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    I can't give advice by PM - please post on the forums. I do advise to the best of my ability, but I am not a qualified professional, benefits lawyer or Welfare Rights Adviser. If you wish to check my advice against other independent sources, please do.

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  5. #5
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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    Ok, I thought maybe if you had to cease work then as a lone parent you could have claimed Income Support, and not having an interesticon in the other properites meant you should have been ok to claim,

    You can claim WTC, If you claim this now you would need to call HMRC and tell them the change, if you dont claim http://www.hmrc.gov.uk/taxcredits/pa...n-how-much.htm

    you may be able to get HB based on your Income
    http://local.direct.gov.uk/LDGRedire...+local+council

    I dont think they will think you have made your self homeless if you split up and he will not leave the property,
    but because you dont live in it the house it will be classed as capital because you have an interest in it, so they will look at this,
    he may have to move out in the end anyway......


  6. #6
    Basic Account Holder dearyme70 Novitiate

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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    Antone

    Yes they would come with me

    Thanks

    Dearyme


  7. #7
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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    also child tax credit and child benefit as well


  8. #8
    Basic Account Holder dearyme70 Novitiate

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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    Thanks Mikey

    Do you mean they would insist on our joint property being sold?

    Would I be able to move out before it is sold?

    Another option I have considered is asking to have my name taken off of the property. Not normally a good move I know but as there is no capital in it I wondered if it would be the quickest solution?

    I just need to get out as soon as possible!

    Thanks again

    Dearyme


  9. #9
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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    If you have an interesticon in the property you live in now and you had to leave work then IS would look at disregarding any interest you have in the property for a while usually 26 weeks and after that time you would technically be expected to have taken steps to selling your share of the home either by selling your half to your ex-partner of by selling/putting the house on the market.
    You may not be eligible for help with Social housing due to you interest in your current home so it would be private rent and will be up to the local authority how they treat your current home.
    If you continue to work (over 16 hours per week) then you would not have any entitlement to IS and it would be your tax credit award and wages with possible help towards your rent.


  10. #10
    Basic Account Holder dearyme70 Novitiate

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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    Hi Flumps

    So I would be better not to work?

    Dearyme


  11. #11
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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    If you were to claim an Income Based Benefit in the future for example I.S then as you have a jointly owned property then after a disregard of 26 weeks they would expect your ex partner to take steps to sell it, as it is classed as capital,
    but there is nil value so they may disregard it further
    but thats up to a Decision Maker....

    You would not have to sell your property before you moved out, he is refusing to go so you have to but
    speak to Shelter they may be able to advise you as well http://www.shelter.org.uk/

    and check out the HB calculator as well

    Before you do anything I think it may be wise to seek the advice of a solictor about the property.
    They can and will give you the best advice.

    IS is 67.50 per week, you would get CTC for your children and CHB..
    You would get full HB if entitled,

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  12. #12
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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    You would necessarily be any better off by not working.

    http://www.turn2us.org.uk/benefits_search.aspx

    this calculator should help you to determine which is the best option for you.


  13. #13
    Basic Account Holder dearyme70 Novitiate

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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    Thank you

    I will investigate

    Thank you everyone

    Dearyme

    PS can anyone advise on my earlier comment about giving up my share in the property please?


  14. #14
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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    you can give it up, but seek advice first
    you would have to see a solicitor to do this anyway

    if you do give up your interesticon in the property keep all the paperwork for it, to include mortgageicon statements showing the negative equity at time of transfer.
    you may need them in the future

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  15. #15
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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    This going back quite a few years ago now, like 10 yrs, but my sis in law did leave the marital home & privately rent & claim housing benefit. Not sure if the fact her & her ex had a house affected that housing benefit, but she claimed IS, so that may have made a difference.
    She went on to get a council flat, her ex still lived in the marital home, he eventually bought her out, but not before she got the council flat! No idea how it all came about, but was certainly possible back then.


  16. #16
    Basic Account Holder feelingsad Novitiate

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    Default Re: I need to leave my partner but have no idea if i would get benefits?

    Dearyme, I would take legal advice asap wrt the house and whether to take your name off it. Don't forget the new benefit cap coming in includes HB though, by the time you have paid private rent and with 3 children, if you aren't working, that will almost certainly affect you. Private rents are so high :/

    Might be worth getting your name on the housing waiting list too. Our waiting list is around 8 years but might be worth being on it. Of course secure tenancies are ending too so even if you get social housing you may have to move and downsize each time a bedroom becomes free so you will lose any feeling of choice and autonomy, any feeling of security and the end result is you will have nowhere for the grandchildren to come and stay so that luxury will only be for non-social housing tenants and home owners so you might chose to give social housing a miss anyway.



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