Am I entitled to housing benefit?

[ELC06]

Hi

 

I am on on a low income JSA I have one child living at home, another returns at weekends and holidays from university, and am living off £80 a week. My husband deserted us and in divorce proceedings court ruled that the house is trust property.

 

Although property is still in both his and my name.Can I claim housing benefit?

 

Thank you

[id6052]

Assuming you are living in the marital home, the short answer = NO

 

Housing Benefit only meets rent costs, based upon limited information, you don't have any rent costs

[ELC06]

Thanks for your reply.

It is not the maritual home the court agreed it is a trust property and as such I must pay rent to the trust.

[id6052]

who are the trustees and who are the beneficiaries of the trust?

 

who is(are) named as proprieter(s) on the land registry?

[ELC06]

Myself and my Ex are trustee's at the moment. Our two eldest children are beneficiaries.

The house at present is in mine and my ex's name.

 

Thanks

[id6052]

Based upon the information provided, you would probably be disallowed Housing Benefit on any one of the following grounds: -

1. you are the owner of the property
   
2. your liability is to a trust of which you are a trustee
   
3. your liability is to a trust of which your former partner is a trustee
   
4. your liability is to a trust of which your children are beneficiaries (although this only applies if children live with you)
   

[ELC06]

The beneficiaries do not live in the house as myself and my child live there.As the judge has said the trust is not to be a gain to anyone but the beneficiaries so if during this time between jobs I can not pay rent then the trust is losing out.

So the property would have to be rented out which would mean I would have to find alternative housing which as I'm on benefits would have to be via the council.

 

Thanks for all replies