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xtb sol asking for letter to calculate HB and IS

  • NonMolest
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25 Feb 08 #15032 by NonMolest
Topic started by NonMolest
Hi All,

Both parties just exchanged their form E's. My xtb became permanent in UK last week i.e. she will now be entitled for housing benefit and income support benefit. Currently I am paying her £1100 (400 CSA & 700 SM) per month. xtb is renting 2 double bed room flat @ £925 pm and utility bills (Council Tax £77 pm) are on top of that. She is currently getting £45.78 pw from CTC and £18.10 as CB. So her income in total roughly is £1380 per month. we have one daughter of 20 months old.

Now xtb sol is asking for a letter from mine saying the maintenance (£1100 pm) would reduce significanly from next month and asking my solicitor to make an offer so that they will use our proposal letter to find out how much my xtb will receive as HB and IS (i think xtb wont be eligible for IS bcoz I am paying her £92 pw thru CSA, not too sure about HB). Would it be a good idea for me to send a letter to her or not?

I very much hope while calculating HB and IS, these people only worked on hard facts i.e. court order and bank statements, instead of any proposal letter. It may be xtb sol is playing games, she played silly games in past.

Please advice. I am very confused.

Thanks
NM

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29 Feb 08 #15405 by IKNOWNOW
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Hi, ok, she will not be entitled to Income Support as like you rightly say she receieves more in child maintenance than Income Support would pay (£59.15) or £69.15 with a £10 disregard for Child Maintenance. As you are paying her above this amount in CM then she is not eligable for IS. Now as far as Council Tax Benefit and Housing Benefit go, the government have a figure they use to calculate what your essential income should be. If you are in receipt of less than this you will receive full benefit. If you recieve more than that figure you will have to pay 65% of your excess income toward your housing costs and 20% of your excess income toward your council tax costs. Your essential income has different factors ie no of adults, no of children so there is not one figure I can give for you to use. I would imagine though, based on the figures you have given that she is unlikely to be entitled to full benefits.

You can use as a guide to work out how much spousal maintenance you may need to pay by the one third rule. Add up both your incomes, including CTC and CHB and then divide by three. This total would be what your wife could expect. Spousal maintenance would make up the money if there were more in your pot than hers. This is only a general rule used as a starting point so is not set in stone but may give you a better idea and may help her see whether she would then be entitled to any benefits.

Hope this has helped.

Regards, Sarah

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