Lone parent income support help!!

[jesswongwong]

Hi I got British passport and separate from my ex hubby. He left uk already without divorce. i got child of 18months.
Child benefit is claimed by his name while money is go to my own name account .
I applied income support two weeks ago and declare with saving £4000. But I still live in his house with his mortgage. I am now paying the monthly .
I received two letter
One said . My IS claim was rejected and I should Ho JSA
One said . To be entitle to IS . I should be the one with CB
Then what should I do ?
I have done a new claim to cb on my name. How long should be proceed normally ?
Should I make a new JSA ? Or I better wait cb done then do IS again?
Or I am not entitle to have IS so I need to do JSA anyway ?

[Amber]

You should claim Child Benefit, you should also put in for support with mortgage interest. Write a letter to HMRC with the child benefit application stating that your husband has left the UK and you are the responsible parent.

[jesswongwong]

[quote="Amber_"]You should claim Child Benefit, you should also put in for support with mortgage interest. Write a letter to HMRC with the child benefit application stating that your husband has left the UK and you are the responsible parent.[/quote]
Thx
Firstly, the current living house is only on his name with his mortgage . Can I still get support ?? I have ask council to send me the council tax reduction while I was waiting the income support.
Now the income support was rejected .. Should I ask for appeal or I should wait my child benefit new claim approved first ?
I am really confused where and what should I do first

[Amber]

Go to your local CAB who will assist, they should help with the mortgage still as they have some discretion, there is also a 13 week waiting period. If you're going to appeal, you must do a mandatory reconsideration first within one month of the date on the decision letter.

[jesswongwong]

[quote="Amber_"]Go to your local CAB who will assist, they should help with the mortgage still as they have some discretion, there is also a 13 week waiting period. If you're going to appeal, you must do a mandatory reconsideration first within one month of the date on the decision letter.[/quote]
Then I go to my council ask first , but for income support ., I should phone to jobcentre ? Or council may help.
?
Or would it be easier i wait my child benefit done then apply income support again? Just wonder it should be a new claim or appeal if cb approve in a month

[Amber]

Council won't help with income support, go to CAB.

[jesswongwong]

[quote="Amber_"]Council won't help with income support, go to CAB.[/quote]
Citizen advise ... Thx

[jesswongwong]

[quote="Amber_"]Council won't help with income support, go to CAB.[/quote]
I have been cab today .. They said that as the house is under husband own name mortgage .. I won't get any help for housing. Unless I am homeless
Beside , they also suggest me claim JSA if I need money urgently .. But I would rather wait child benefit done then do income support again . Does it sound ?
Any further advice from here ???

[Amber]

Who is the responsible person
The responsible person is
1. the person receiving CHB for the child or young person1 or
2. where the CHB is in payment to another child, the person who is responsible for that child2 or
3. where CHB is not in payment
3.1 and only one claim for CHB has been made, the person who has made
that claim3 or
3.2 in any other case, the person who the child or young person usually lives with4.
1 JSA Regs, reg 77(1); IS (Gen) Regs, reg 15(1); 2 JSA Regs, reg 77(2); IS (Gen) Regs, reg 15(1A);
3 JSA Regs, reg 77(3)(b); IS (Gen) Regs, reg 15(2)(b); 4 JSA Regs, reg 77(3)(a); IS (Gen) Regs, reg 15(2)(a)

Therefore, you need to make a claim for ChB, which should suspend the current award and then 3.2 above should come into effect and thus you will be the responsible person for the purpose of Income Support.

[Amber]

Regarding housing costs/support with mortgage interest:

A person is liable to meet housing costs where the
2. person liable for those costs is not meeting them and
2.1 the claimant has to meet the costs to keep on living in the home and
2.2 it is reasonable in all the circumstances to treat the claimant as liable for the costs2 or
3. costs are shared with other members of the household who are not close relatives of the claimant, the claimant’s partner, or the other member of a joint-claim couple and
3.1 at least one member of the household is liable for those costs and
3.2 it is reasonable in the circumstances to treat the claimant as sharing responsibility3.
1 JSA Regs, Sch 2, para 2(1)(a); IS (Gen) Regs, Sch 3, para 2(1)(a); R(IS) 4/00; 2 JSA Regs, Sch 2, para 2(1)(b); IS (Gen) Regs, Sch 3, para 2(1)(b); R(IS) 12/94; R(IS) 8/01; 3 JSA Regs, Sch 2, para 2(1)(c); IS (Gen) Regs, Sch 3, para 2(1)(c)

I think 2 as above would apply in your case and should be argued.

[jesswongwong]

[quote="Amber_"][quote="[url=https://www.gov.uk/government/uploads/s ... mgch22.pdf]22032[/url]"]Who is the responsible person
The responsible person is
1. the person receiving CHB for the child or young person1 or
2. where the CHB is in payment to another child, the person who is responsible for that child2 or
3. where CHB is not in payment
3.1 and only one claim for CHB has been made, the person who has made
that claim3 or
3.2 in any other case, the person who the child or young person usually lives with4.
1 JSA Regs, reg 77(1); IS (Gen) Regs, reg 15(1); 2 JSA Regs, reg 77(2); IS (Gen) Regs, reg 15(1A);
3 JSA Regs, reg 77(3)(b); IS (Gen) Regs, reg 15(2)(b); 4 JSA Regs, reg 77(3)(a); IS (Gen) Regs, reg 15(2)(a)[/quote]

Therefore, you need to make a claim for ChB, which should suspend the current award and then 3.2 above should come into effect and thus you will be the responsible person for the purpose of Income Support.[/quote]

Thank you
Then should I go to cab ask again .. Actually I am not sure can just on advisory side or they have certain power
Also as I think I will wait child benefit then make a new claim on income support as I know can be done date back for three months at most.
Lastly , I am not sure can I apply the housing and council tax before I get income support ? Can I ?

[Amber]

Yes, return to CAB and shown them what I've shown you.

Yes you can apply for CTR before, just make a declaration of no income.

[Petaltop]

Yes, return to CAB and shown them what I've shown you.

It won't make any difference, SMI is for those with a mortgage and she doesn't have a mortgage. The CAB staff are correct. The mortgage will have to be paid by the person who took out the mortgage.

Even if the mortgage had been in joint names, they would only pay her half. Although SMI only covers the interest and often doesn't pay all the interest anyway.

Don't forget the the 13 week support for mortgage interest is only temporary that they brought in during the recession and will no doubt return to 39 weeks at some point. As part of the annual welfare cap, they have also discussed SMI just being a loan from the welfare state. They will do this by adding a charge to the property so that the welfare state gets their money back with interest, when the property is sold.

Apart from changing the child benefit to your name, you need to claim child support from the childs father and immediatley contact the CSA. The claim with the CSA for child maintanance only starts from when you contact the CSA, so don't delay. If the father shows his face in the UK or a REMO country, then the CSA can get all the money he owes you.

The child maintanence you get from the father will not reduce any welfare payments you will be given. The child maintanance will be extra money for your child and is not counted in benefit calculations.

[Petaltop]

Beside , they also suggest me claim JSA if I need money urgently .. But I would rather wait child beneit done then do income support again . Does it sound ?
Any further advice from here ???

When your area goes onto Universal Credit and benefits such as Income Support and JSA are removed, you won't get a choice of whether to work or not. For those who want to claim the one welfare payment Universal Credit: only a parent with a child under 1, is given the choice of whether to earn money each week or not.

The changes are because many parents who don't claim benefits, will often have to go back to work before their child is age one, so that they can support their own children.

[Petaltop]

Hi I got British passport and separate from my ex hubby. He left uk already without divorce. i got child of 18months.
Child benefit is claimed by his name while money is go to my own name account .
I applied income support two weeks ago and declare with saving £4000. But I still live in his house with his mortgage. I am now paying the monthly .
I received two letter
One said . My IS claim was rejected and I should Ho JSA
One said . To be entitle to IS . I should be the one with CB
Then what should I do ?
I have done a new claim to cb on my name. How long should be proceed normally ?
Should I make a new JSA ? Or I better wait cb done then do IS again?
Or I am not entitle to have IS so I need to do JSA anyway ?

What happened to your job that you recently had ? Are you still claimaing working tax credits?

Hi I currently work at £150 per week with a age one son . While hubby no work
I am going to be full time student in sept 2014
I was given maintence loan and grant .. Also parent learning allowance and adult dependent grant
I read somewhere else .. Maintenance loan and other grants would be take into account as income .. Then how would it affect my current working tax credit or child tax credit
Pls advice

[Amber]

Petaltop, you're incorrect I showed the legislation which allows SMI to be paid even where the mortgage is not in the claimant's name (in certain circumstances) if you care to read below.

You're also confused about the CSA they will not get him if he renters the UK, he'd have to be working/claiming benefit for a direct dedication from wages/benefit, neither of which he may do, if he ever enters the UK again.

Regarding housing costs/support with mortgage interest:

A person is liable to meet housing costs where the
2. person liable for those costs is not meeting them and
2.1 the claimant has to meet the costs to keep on living in the home and
2.2 it is reasonable in all the circumstances to treat the claimant as liable for the costs2 or
3. costs are shared with other members of the household who are not close relatives of the claimant, the claimant’s partner, or the other member of a joint-claim couple and
3.1 at least one member of the household is liable for those costs and
3.2 it is reasonable in the circumstances to treat the claimant as sharing responsibility3.
1 JSA Regs, Sch 2, para 2(1)(a); IS (Gen) Regs, Sch 3, para 2(1)(a); R(IS) 4/00; 2 JSA Regs, Sch 2, para 2(1)(b); IS (Gen) Regs, Sch 3, para 2(1)(b); R(IS) 12/94; R(IS) 8/01; 3 JSA Regs, Sch 2, para 2(1)(c); IS (Gen) Regs, Sch 3, para 2(1)(c)

I think 2 as above would apply in your case and should be argued.

[Petaltop]

Your quote about housing costs does not refer to Support for Mortgage Interest. SMI is for homeowners. The OP cannot get help with the interest on her mortgage as she doesn't have a mortgage.

What made you think that the CSA can only take child maintenenace from benefits or wages? They can do much more than that, such as taking money from the non resident parents bank or building society accounts or much toughter action when enforced by the courts.

[Amber]

I'm afraid it does relate to housing costs which are SMI! I have for several clients successfully argued that they should be paid SMI even when they were not the mortgagor.

If you have any experience with the CSA, as I have, you will know that in most enforcement cases payments are stalled until a direct deduction from wages order is made.

[Petaltop]

We can:
• take money direct from a non-resident parent’s earnings, if
the non-resident parent is employed and is not already paying
this way,
• take money direct from a non-resident parent’s bank or
building society account, or
• take action through the courts.

We can use more than one action at a time. The action we take
will depend on the circumstances.
Taking action through the courts can be expensive and can
result in the non-resident parent:
• paying their own legal costs and our legal costs, as well as
the child maintenance they owe
• being forced to sell their home or other assets
• losing their driving licence for up to 2 years
• going to prison.

http://www.direct.gov.uk/prod_consum_dg ... 198853.pdf

[Amber]

Yes and that quote just confirms what I had typed.

[Petaltop]

Yes and that quote just confirms what I had typed.

No it doesn't. It confirms what I typed.

You said it was wages and welfare payments that CSA payments come from. Whereas my quote shows you are wrong and what I said, is correct.

You're also confused about the CSA they will not get him if he renters the UK, he'd have to be working/claiming benefit for a direct dedication from wages/benefit, neither of which he may do, if he ever enters the UK again.

If you have any experience with the CSA, as I have, you will know that in most enforcement cases payments are stalled until a direct deduction from wages order is made.

[Amber]

And as I said from experience it is wages and benefit deduction where most enforcement payments come from. It's unlikely that a person abroad would bring any money back to the UK when they may expect enforcement action. And the other forms of enforcement make no difference to the OP getting funds.

Please do not be offended if I correct you, as a moderator that is why we are here.

[Petaltop]

And as I said from experience it is wages and benefit deduction where most enforcement payments come from. It's unlikely that a person abroad would bring any money back to the UK when they may expect enforcement action. And the other forms of enforcement make no difference to the OP getting funds.

Please do not be offended if I correct you, as a moderator that is why we are here.

I'm not offended, but I am quite happy to correct you, even if you are a moderator.

Now you add the word "most". The reason "most" deductions come from wages/benefits is because as they are the ones who eventually realise they are going to be forced to pay somehting towards their child and they don't like the idea of going to prison or losing their driving licence.

For those that don't, the CSA can just take the money form their accounts, or they can be taken to court where they are liable for all court costs and then they get prison, or forced to sell their property etc (as in the govenmnet guidelines I just quoted).

All parents with care should contact the CSA if the other parent isn't paying something towards their child. It won't affect their benefits.

[Amber]

You are a relatively new poster who gave erroneous advice about housing costs which I needed to correct. In addition you gave unrealistic prospects for the CSA. By all means the OP should contact Child Maintenance Options. However, it's unrealistic to think that the upon the father entering the UK anything will happen swiftly. The most important options for the OP are claiming ChB as to suspend the current claim and in turn claim IS with the additional SMI as to prevent homelessness.

[Petaltop]

You are a relatively new poster who gave erroneous advice about housing costs which I needed to correct.

Here is the government guidelines for SMI
https://www.gov.uk/support-for-mortgage ... t/overview

If you’re a homeowner getting certain income related benefits you might be able to get help towards interest payments on:

your mortgage

She doesn't have a mortgage.

In addition you gave unrealistic prospects for the CSA.

I did no such thing. It was you who gave out the wrong information when you said
Amber_ wrote:You're also confused about the CSA they will not get him if he renters the UK, he'd have to be working/claiming benefit for a direct dedication from wages/benefit, neither of which he may do, if he ever enters the UK again.. You failed to say that he could be put in prison, lose his driving licence, be forced to sell property etc

Why are you trying to put people off going to the CSA to claim from parents who won't pay towards their child's keep? Any child maintenance they receive will not affect any benefits they claim. They can have all the benefits and the child maintance payments too.

By all means the OP should contact Child Maintenance Options.
However, it's unrealistic to think that the upon the father entering the UK anything will happen swiftly.

I didn't say "swiftly".