i have a question and hoping someone else knows the answer.
I am on ESA income rated and I had to leave my marriage home as I came down to stay with my sister for abit to hunt for new houses as I am going through a divorce.
however last week I went into my home to find that my ex husband had moved a girl into the home not long after I left and I had a solicitor right a letter to him saying this was not me leaving etc.
however I can’t go back now so I am staying with my sister until I find a new home in the new year and informed all my benefits of the address, however I can’t see why they wanted to know everyone in the household, to me I am still a single person even if I am living with 4 other people which is my sister, her daughter, her partner and his daughter.
I will still have to pay rent to live here
i am do worried about loosing income rated ESA as I am having to get a divorce ASAP because he moved her in and she can make claims in house and I would loose out.
I need legal aid badly so if I loose income rated I’m pretty stuffed I really thought they went by your partners income but I don’t see the interest in that part of the family if that is the case.
what do you guys think ?
i am staying strong but I do suffer from secondary MS and OCD so I am in a panic all the time.
You shouldn’t lose income based ESA because of your changed circumstances. You should get legal advice asap regarding your house and divorce etc. Meanwhile I recommend looking at, and perhaps joining http://www.benefitsandwork.co.uk/ for help with your ESA claim. If you can get an appointment with the CAB for help and advice regarding either, I would do it.
The DWP always want to know who else lives in the house you are staying in so I wouldn’t worry about that. It’s very unlikely that you’d be able to get housing benefit for the rent you pay your sister. I’m not up to date with housing benefit rules but one that I’m sure is still correct is that you can’t get benefit for rent you pay to a close relative (ie. a sister).
I was told by the council I couldn’t get housing benefit until I live alone even when I was paying most the bills at my husbands out of my benefits so I am prepared to do that until I get to my own place as then they will pay housing benefit.
i just really need to be kept on income rated ESA in the mean time so I can start this divorce of ASAP I have seen numbers of people from the citizens advice and they say the same as when I got married my husband refused to put me on the deeds and put his dad on there instead so I’m stuck between a rock and a hard place, however if they refuse me of income rated benefit I will be seeking legal advice as I am unsure if living with my sister wouldn’t make me a single person with my own money etc I don’t share anyone else’s, ironic thing is my ex husband never gave me a penny for help so I always in a hard place.
your income related benefit will not be put at risk by living with your sister. The rules are to do with “money coming into the household” but in this context household is to do with immediate relations not a property. A partners income or the contributions of your adult children who live with you can be included but not the income of your sister or her husband. They are not expected to keep you. You are classed as an individual even though you are living with family members. The DWP ask for details of the household as a matter of routine when you declare a change in circumstances but it does not mean that they will reduce your benefit. On the contrary they will simply confirm that you are still entitled.
Your housing situation sounds complicated so you must seek legal advice to protect your interests. The legal aid rules are complicated but being on an income based benefit is a qualifier.
I know this is a difficult time but I hope that you find the help you need to get through your divorce and finding somewhere to live but don’t worry about your benefit, you are still eligible
