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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Ex Claiming maybe fraud!

  • rubytuesday
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22 Oct 10 #230624 by rubytuesday
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There are two components for Disability living Allowance - Mobility and Care.

Only the Care Component is affected by residential care, the mobility component is not affected.

Unless you are completely sure about the facts - and I mean facts, rather what you perceive to be the case - I would leave well alone.

And as someone who receives disability benefits because of a Chronic long-term illness, I find your terminology of "spongers" somewhat offensive.

  • Linda E
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22 Oct 10 #230768 by Linda E
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A permanent or temporary stay in a care home can affect your benefits. If you are receiving any benefits and your circumstances change, you need to tell the relevant government department.

You will probably have to contribute most benefits you get towards your care home fees.

Moving into a care home should not affect the mobility component of your Disability Living Allowance (DLA). It will also be disregarded when your local council are calculating how much you should contribute towards the cost of your care.

If the NHS is funding your care home fees, both the care component and the mobility component of your DLA may be affected. Please contact the office that normally pays your DLA for further information.

The table below describes how your Attendance Allowance (AA) and the care component of your DLA is affected when you move into a care home.

Situation


Effect on the care component of DLA and AA

Your local council is helping you with your care home fees.


It will be paid for the first four weeks (if you were already entitled to receive it before moving into a care home).

You local council is not helping you with your care home fees (self-funding).


It will usually continue.

You are in the first 12 weeks of your permanent stay in a care home and your property is not being counted as capital for this period. Your local council is helping you with your care home fees for this period and you will become self funding from the 13th week (or earlier if the property is sold).


It will be paid for the first four weeks of your stay in a care home and will restart from the 13th week or when you start self-funding.

Your local council is helping you with your care home fees on a temporary basis while you sell your assets and/or you have a 'deferred payments agreement' where you will pay your contribution to your care home fees back to your local council later.


It will be paid for as long as you are entitled to it.

  • Notgiving up
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22 Oct 10 #230770 by Notgiving up
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. Just found out my ex is claiming DLA for my 8 yr old. He has been statemented. He has aspergers. Looking on the application form for DLA i cannot see where she has managed to claim DLA for him. He does not require any additional care/help at home. He can go out and play and he is aware of dangers( goes out to play and is more than capable of staying on the pavement etc when riding his bike. able to cross the road on his own he is 8 yrs old. At school he is top set in maths, His only problem areas are social interaction and his handwriting.

I do not understand why he qualifies for this benefit. I am not one for "telling on her" but cannot believe that she has managed to get this benefit. No wonder this country is in a mess when people are able to effectively "exagerate" on a claim for as it is my understanding no one actually comes out to see the applicant.

What would people do in this situation

  • hawaythelads
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23 Oct 10 #230789 by hawaythelads
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It's pathetic that you're so embittered that you pretend this is about the unfairness on the tax payers.This money gets paid to your ex to look after your son.She's claimed it they paid it.Why are you so embittered you want to do your own kid down.
Get up parliament and spend your time protesting about Philip Green who's a billionaire paying his income tax free into monaco,and being employed by the fecking government to report on saving money.
You'd be better off spending your time in counselling working through your bitterness,rather than trying to feck your own child over.

  • James53
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23 Oct 10 #230792 by James53
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Everytime somebody comes on here and asks if they take take their divorce settlements in such a way they can still get benefit they are called benefit cheats.
When somebody suspects their ex of cheating the system then the messenger gets attacked.
My ex cheated her JSA, housing benefit, legal aid, tax, NICs, CSA, not to mention her kids or me. I don't think I will bother shopping her now as I would be accused of being bitter.

  • Notgiving up
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23 Oct 10 #230798 by Notgiving up
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I am far from bitter. I have my new life, new house, and couldnt be happier than ever. I will not be "shopping " her in as it is her conscience and up to her if she claims. It just defys me how people can exagerate on a claim form and recieve the benefit. The more money she gets the better for my children, yes the kids come to me in their rags, but i am above her, say nothing and turn them round into my clothes in the best way i can.

The only thing in life i would like is to have more time with my children, but that again is up to the ex and her conscience.

Far from bitter and twisted as implied.Just asked what other people would do as at the end of the day what she is doing is benefit fraud.

  • mumtoboys
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23 Oct 10 #230800 by mumtoboys
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I believe that DLA is awarded automatically to a child who has a statement of educational need. My nephew (well, actually, I guess he isn't my nephew anymore!) had major speech problems as toddler/young boy and receives DLA as a result of his statement.

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