A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.

What steps can we take to reach a fair agreement?

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

What is a Consent Order and why do we need one?

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


Do you need legal advice on a fair financial settlement?

We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.


NRP penalised

  • carer
  • carer's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
10 Oct 12 #360132 by carer
Topic started by carer
www.broadlandhousing.org/you_and_your_home/welfare_reform.php

Hi all,

If I am reading this right it seems that the NRP who claims housing benefit will either have to agree to having a lodger or lose 14% per room of housing benefits. If contact is 50/50 it doesnt seem fair that the RP wont be penalised in the same way. Have I misunderstood the rules?

Carer

  • u6c00
  • u6c00's Avatar
  • Platinum Member
  • Platinum Member
More
10 Oct 12 #360136 by u6c00
Reply from u6c00
No, you haven''t misunderstood.

I am currently in an appeal with my council over housing benefit. I know that it will not succeed but I''m looking to highlight an issue.

Unless you receive the child benefit for a child you are not classed as a parent by DWP or housing benefit.

Therefore in cases where there is 50/50 shared, the parent who does not receive child benefit has an obligation to pay maintenance and is not entitled to a room for their child (though they of course have an obligation to provide one).

Where it involves community housing (council or housing association operated) there is a penalty for being in a house which is ''too big for you requirements''.

My suggestion is that you write to your MP if it affects you. The only way it''s likely to change is when the new universal credit comes into force (though I think that it''s extremely unlikely that there will be a change).

  • carer
  • carer's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
10 Oct 12 #360138 by carer
Reply from carer
Hi U6cOO,

Thanks for explaining. It doesnt affect me personally as I dont claim housing benefit and am the RP - my Ex is a high earner - I was just shocked that one parent is penalised for keeping a room for a child while the other one isnt.

I can see this is going to be an issue for some NRP''s - especially if they have two or three children. Surely this will mean that many will reduce thier housing needs to perhaps one bedroom and therefore not be in a position to have their child overnight? So if the NRP has to contribute to more rent - does that mean that any payments for the children will be reduced?

Carer

  • u6c00
  • u6c00's Avatar
  • Platinum Member
  • Platinum Member
More
10 Oct 12 #360143 by u6c00
Reply from u6c00
Regarding maintenance payments: in practice it won''t affect them. People who claim housing benefit will be on low income and the reduction which they receive for having shared residence will mean their obligation to pay is already £0. There is nothing in the CSA rules (or forthcoming CSA rules to my knowledge) that allows for a reduction based on living costs.

In my case I had to move out of my house because ex stopped paying half of the rent. I had to give up my uni course as I couldn''t keep up with the work load on top of all the court proceedings. I am under 35 and this left me in the difficult position of being homeless. I was entitled to £273 per month in housing benefit.

If I had not had the extremely helpful support of my close family I would have had to give up any application for staying contact until I found somewhere to work and somewhere to live with a spare room for my son. I''ve been unable to find any work for the last 6 months so that would have settled it.

Unfortunately it''s hard to talk about whether or not this is right. Most people (correctly) view housing benefit as an obligation upon taxpayers, and it is easy to see the counter argument: why should taxpayers fund my contact on top of legal aid and the costs of court proceedings?

  • carer
  • carer's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
10 Oct 12 #360150 by carer
Reply from carer
u6c00 wrote:


Unfortunately it''s hard to talk about whether or not this is right. Most people (correctly) view housing benefit as an obligation upon taxpayers, and it is easy to see the counter argument: why should taxpayers fund my contact on top of legal aid and the costs of court proceedings?


Hi u6c00,

You cant tell I know very little about housing benefit!

You make a very good point and it is a difficult one to answer. I would think most taxpayers would prefer not to pay for others to see their children - but then if we start to speculate on what it is that taxpayers would/wouldnt want to contribute to I am sure the list would be endless.

It does seem unfair to say to an NRP that they must provide a room for their child - but also to charge them for it.

carer

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11