Ask the Experts

Welfare Benefits

Date: 6 Nov 2006
Answered by: Kate Covell, Lawyer

Q.   what benifits am i entiteled to and how do i find out how to claim them

A.   You need to make an appointment with either a lawyer dealing with welfare benefits or else go to your local Benefits Agency office as quickly as possible in order to submit your clain and to receive advice urgently. The answer will of course depend of whether or not you have minor children living with you and further whether you are paying a mortgage or renting your property. In the first instance if you are living in a house on your own with nobody over the age of 18 years you should tell your Local Authority since you should be entitled to receive a 25% discount on the Council Tax payments.


Date: 7 Jan 2001
Answered by: Simone Katzenberg, Solicitor

Q.   Dear Divorce Online Experts,

My wife and I are planning to separate in the summer, could you please explain what housing benefits she might be able to claim? We own a house; the mortgage was taken out in joint names in June 1991. Ideally we would sell the house, use the equity as deposits, and buy or rent two flats. But the wife wants to move into north London where property is more expensive. The separation is amicable, and I am happy to pay sensible maintenance for her and our daughter who will go with her (I imagine this will be somewhat more than half my salary). She is disabled and is unable to work. She currently receives mobility allowance and severe disability allowance. I've heard that there are rules, which might mean she would get more money earlier if she stays in our house, and only I move out. Could you please explain what she could claim if she moves to a flat or if she stays here?


A.   I really think that the best way to find out precisely what benefits she would be entitled to is to contact the Benefits Agency that has her records. They will be able to be specific about her entitlements.


Date: 3 Sep 2000
Answered by: Gilliane Williams, Welfare Benefits Expert

Q.   I would like to know what benefits my wife could claim for if we separated and divorced. We have two young children ( 1 and 4 ). We have agreed that the proceeds from our home when sold will be used solely for repaying the majority of our debts and also to purchase my wife a home ( leaving her no mortgage. I have agreed to let her have this as i do not want my children to suffer ( too much), she will also take all furnishings and belongings. This leaves me to start from scratch, but i will feel a little more comfortable knowing the kids are secure as can be. I should mention that the property she will then own will be valued in excess of £30,000, however she will have no other savings.

thanks

Ian


A.   Dear Ian

If your wife is not working she may be entitled to income support and council tax benefit. If she does claim income support she will be obliged to co-operate with the CSA as far as child support is concerned. The amount of child suppport determined will affect the amount of income support entitlement.

If your wife is working or intends to, she may be entitled to family tax credit, this will include relief towards child minding costs ( providing a registered childminder or nursery is used.)The amount of FTC will depend upon earnings. You must work at least 16 hours per week to qualify.

For further information on either of these issues you can contact your local social security office.

Pleas do not hesitate to contact divorce-online if you have any further questions.


Date: 31 May 2000
Answered by: Gilliane Williams, Welfare Benefits Expert

Q.   I have won £80,000 on the Bingo. Will I lose my Income support?

A.   As this is a substantial amount, you will no longer be eligible for income
support nor any other income related benefits such as council tax benefit.
The capital limit rule for these benefits is £8,000 for part entitlement to
£3,000 for full entitlement.

If you were to dispose of your capital quickly, this may be deemed as
deliberate deprivation of capital, this will affect eligibility for benefits
in the future.


Date: 31 May 2000
Answered by: Gilliane Williams, Welfare Benefits Expert

Q.   I am a single mum now that my Husband and I have separated.
I would like to stay at work but would need child care costs paid.
what is available to help me?


A.   You may be entitled to working families tax credit, this replaces family
credit and is paid by your employer who is then reimbursed by the inland
revenue. WFTC provides a tax credit system for child care costs. Child care
arangements must be with a registered child care provider such as a
registered child minder, nursery or school club.

You must be in employment for over 16 hours per week and have less than
£8,000 capital for eligibility.

A claim form can be obtained from your local social security or tax office.


Date: 31 May 2000
Answered by: Gilliane Williams, Welfare Benefits Expert

Q.   My son who is 13 suffers from cerebal Palsy.
My Husband and I are splitting up and uptil now we have not claimed any benefits.

What benefits would I be able to claim?


A.   In your circumstances you may be eligible for income support, council tax
benefit and single parent premium. However, this would depend upon any
financial arrangements you may make with your spouse as these benefits are
income related. If you do claim income support you will be obliged to
co-operate with The Child Support Agency concerning future maintenance.

Regardless of the above your son is entitled to receive disability living
allowance. This is awarded at several levels depending upon the severity of
his condition. You can claim this on his behalf.

If you are a full-time carer you may also be eligible for invalid care
allowance. This is paid to persons who spend 35 hours or more per week caring
for a person who is in receipt of disability living allowance. This benefit
is taxable.

To claim anyof the above benefits, contact your local social security office.


Date: 16 May 2000
Answered by: Gilliane Williams, Welfare Benefits Expert

Q.   I have just lost my job after 11 years service through an accident at work which has left me disabled. My Solicitor says whatever benefits I get will be deducted from my settlement, Is this correct? I am confused as to which benefits I should claim while my compensation claim is sorted out. I am a housing Association tenant.

A.   It is correct that benefits received because of an injury in your circumstances and are subject to a compensation award are regarded as recoverable benefits. Only benefits received that are directly connected to the injury are recoverable. However, there may be some elements of the compensation payment that are not recoverable, for example if there is no
element of cost of care in the compensation payment then any benefits received as disability living allowance, and compensation received for pain and suffering is non-deductable.

As your injury was sustained at work and providing your disability has been assessed as 14% or more you may be eligible to qualify for industrial disablement benefit. The amount you may receive will depend on the severity of your disability and how many dependants you have. Alternatively you could be eligible for incapacity benefit and/or disability living allowance, again the amount you may receive would depend on the severity of disability and how many dependants.

As you are a rent payer you may also be eligible for housing benefit and council tax benefit.

To apply for any of these benefits, contact your local Benefits Office.


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