Housing benefit query (matrimonial split)

A question about : Housing benefit query (matrimonial split)

A married friend was told by her husband he no longer loves her. He is trying to get her out the house they still both share. She suspects he is having an affair but this is not a question about divorce/division of assets.
The domestic situation is becoming intolerable. But it could be some time for the finances to be sorted. Meanwhile she is trying to set up a fledgling business and has very little personal income. Would she be eligible for help with rent pending legal/financial resolution? Or would she be regarded as having intentionally made herself homeless or having access to funds/capital even though she doesn't? (pending settlement).
Cheers.

Best answers:

• Does she own the house she's in now? How old is she? Any kids?
• I'm sorry, I'm not too familiar with the benefits system so I really can't advise.
  However, I do empathise with your friend and I hope she can sort something out. It is extremely unhealthy being in such a toxic environment. For him to be rubbing her face in the fact that he doesn't want her is deplorable and I hope he gets his tail cut off!
  Best wishes to your friend
• Hello pineapple
  She can present herself as homeless to the local authority and apply for housing but she will need to show that she cannot reasonably be expected to continue to live in the property and she will also have to show that she is in priority need which as a single person will be very difficult. If she cannot do this then she can rent privately.
  If your friend were to move out then she could claim help with rent and council tax. If she is on low income and has dependent children she may be able to get help with tax credits too.
  https://www.adviceguide.org.uk/englan...ng_benefit.htm
  The value of the property can be disregarded for a period of time depending on why it is not being sold immediately ie still children living there, negative equity etc but she will need to show that she is taking steps to recover what she is entitled to so that she can live on that money rather than the state
  She needs to consider is whether the self employment can support her . https://www.direct.gov.uk/en/Employme...Work/DG_173931
  https://www.adviceguide.org.uk/englan..._checklist.htm
  If she is earning very little and is claiming JSA then she will need to show that she is available for work and this may mean that she may need to chose between her business and getting some income.
• Just to offer an alternative opinion on the benefit side of things:
  JSA wouldn't be paid if she is working on the business for 16 hours a week or more or if she is earning over Ј76 a week which it seems she is.
  The option for people working in excess of these limits but with a low income is Working Tax Credit- but only if she is working on the business for at least 30 hours a week (details of what counts towards the hours here: https://www.hmrc.gov.uk/manuals/tctmanual/TCTM02453.htm) As she is earning around Ј6000pa max she is may qualify for working tax credits of around Ј52pw.
  She might also be able to claim housing and council tax benefits but this depends on her income and her capital. Equity in the marital home wouldn't be taken into account as capital for a year but the ISA's do count even though she 'can't' access them. Capital below Ј6k is ignored but amounts over this are converted into an 'income' figure and added to her earned income and any tax credits to be used in the benefit calculation. If capital is over Ј16k no HB or CTB is paid (She can ask the council for a pre tenancy determination to find out how much, if any HB she would get before she signs a tenancy)
  For a starting point she can put her details into a calculator here (she can estimate things like rent to see what happens) it will give an estimate of HB/CTB tax credits etc
  https://www.turn2us.org.uk/benefits_search.aspx
  NB your friend should rely on the legal advice she has had about leaving the marital home- I have no knowledge of the implications that might arise regarding the financial settlement if she leaves and so won't assume there are none.