Separation, renting house, benefits

[emilyna]

Hi All.

I am currently living with my son at his fathers house and my son has a disability (Receiving level 2 DLA). Relationships with his father always were difficult but we kind of tried to have some relationships sharing house on a part time basis (he used to work and live part time abroad, now he works In the UK but it takes 3 hours travel to work and he is staying near work part time (currently renting a flat).

 

Financially we had an agreement that I pay him part of the mortgage as a rent but with the time as expences for our disabled son increased I have stopped paying this part of mortgage (but was paying all was required for our son and other expences). Rent payment was not formalised and we had verbal agreement and in was captured in old email.

 

Now we are definitely going through separation on the basis of multiple adulteries and other problems. Sharing house with him becomes too difficult for me. My situation at work also become bit shaky and I am afraid I may loose it soon. Our son is autistic and changes are extremely difficult for him so from this point of view will be better if I and my son will stay in the house if possible.

 

The question is if we stay there would the rent agreement be legal and will it allow me to receive benefits? For the child's benefits we need to keep for him everything as consistent as possible, as few changes as possible. But if his father will stay in the house from time to time would it affect my benefits? Clearly for autistic child this will be too unsettling if he will have to be taken to other town regularly to see his father when we actually can at least try to keep this aspect of our life as it was.

Edited June 28, 2015 by antone
Formatting only - no content changed

[mikeymack2002]

Can you please edit your post to put in some paragraphs and white spaces as it is making your post very hard to read properly...

[mikeymack2002]

Living with an ex partner can and does cause issues with benefits. The situation can be seen that you may be living together as a married couple, if so then the different agencies may not see this as a single claim.

 

 

Please have a read here http://www.advicenow.org.uk/articles/if-benefits-office-believe-you-are-living-together or read the attachment which is a PDF. Once you have read the link and attachment and have further questions please ask away...

[id6052]

you would not be eligible for Housing Benefit, so it would be up to you to pay the rent out of whatever other income you have

 

do you receive maintenance from the father?

could you come to an agreement where by the father would provide the accommodation instead of maintenance?

[emilyna]

Thank you mickeymack, very useful documents.

Looks like I will be able to claim tax credits but to claim housing benefits we need to move out.

 

I may receive accommodation instead of maintenance, but I will loose maintenance then. As I understand normally maintenance would not affect benefits.

[mikeymack2002]

You are welcome....