My children's dad has moved in with me and my benefits have stopped. Should I take this to court?

skhan95

Hi hope everyone is doing good actually I  need some advice for universal credit as my children dad has moved in with me and I had to make a joint claim and they stopped my benefits and my kids dad is not happy to pay everything for us he us agree on only rent but nothing else so today I contacted law centre they have advised me to take this thing into the court and explain them that my health condition is not well so I need help from him although we r not in relationship but because of kids he help alot in the house ...is it a good idea to take this in court if they accept my claim as a single person 

calcotti

skhan95 said:.. I  need some advice for universal credit as my children dad has moved in with me and I had to make a joint claim .... if they accept my claim as a single person 

Universal Credit cannot accept your claim as a single person if you live with a partner. You are not a single person for benefits purposes and your benefit entitlement, if any, is based on your household circumstances.

skhan95

Yes I understand but my kids dad and I not in a relationship anymore we (kids and me)  just want him to help us in the house because of my mental and physical health.. 

calcotti

Sorry, I misunderstood and assumed you were a couple. What has gone wrong then is the making of the joint claim. DWP do need to know that he lives there but it needs to be clear that he is not your partner. If he is not your partner your joint claim should not have been made, you should informed them that he had moved in as your carer (if that’s what he isn’t) and if DWP refused to accept this challenged that decision. By making a joint claim you are declaring that he is yourpartner.

Do you and he have separate rooms? Are your finances separate? Do you spend time together? These are questions that will help DWP decide whether you are a couple or not. There is some guidance here 
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661551/adme4.pdf

When you say ‘take it to court’ I am not clear whether you are talking about seeking child maintenance through the courts (about which I know nothing) or about asking for a Mandatory Reconsideration of the ZdWP decision.

Do you receive any disability benefits?

skhan95

We have only 1 bedroom but sometimes he sleep on the sofa and some times on the mattress in the living room 
And I did not know how you declare a person I mean I'm not good in explaining what I want to say
His fianance  i dnt know nothing about he is dealing now with Uc before I was on a single claim so I have my separate everything 
Yes because I have 1 and 2 years old kids so sometimes when he Is home I want to take rest from pushing buggy so he do that for me then I sit in the park while he play with kids 
I ask him to take us out for grocery as well whenever I feel but most of the time I do everything 
But I'm so scared to take any steps now because I make people more confuse I'm keep saying to DWP that my boyfriend moved in my kids dad moved in to help me nd the children just to look after us thats it... but they never said about relationship I'm not good in explaining 
Yes I was talking about mandatory reconsideration 
Sorry about long post

skhan95

I dnt get any disability benefits I have applied for pip and its taking very long I haven't heard anything 

calcotti

The issue is that DWP needed to be told that someone else was living in your flat/home. However, unless you are 'living as if a married couple', you should not have made a joint claim. Because you made joint claim DWP are correct to treat you as a couple - that's what a joint claim means. This now needs to be unpicked.

It sounds as if you need help to deal with this beyond advice over forum. See if you can find it by looking here
https://advicelocal.uk

Jean Eveleigh

you need to get in writing from social services that you cannot cope alone and need 24/7 support for both your own and your children's safety

then you need to write a cohabitation contract with your ex clearly setting out what his role in the house will be and what he receives in return - where he sleeps, what he pays etc.

My ex had to move back in with me he is officially classed as my lodger/carer and in return for free board and lodging (housing, food, etc) sleeping on the sofa bed in the living room he does household chores (cooking, laundry, dishes, cleaning/house-keeping), I have a carer paid for by social services who comes in to do my intimate care -- all of this is clearly laid out in my care plan and in the cohabitation agreement

This is how you can continue to claim as a single person but you have to be being completely honest as the benefits agency may send a compliance officer round to do a visual assessment of the property and living situation to ensure you are telling the truth

skhan95

My kids dad is doing everything as well but I'm so panic and scared to take any step as i become anxious I really want to get help but I dnt know where to start I'm very bad in explaining how I will cope with new things 

Tori_Scope

It's understandable that you'd be feeling anxious @skhan95, but try not to worry (easier said than done, I realise!). There is help out there for you. Have you taken a look at the link to advicelocal.uk that calcotti sent? It's a great resource to find support near you. Would you find it helpful to talk things through with someone on the phone? 

Are you receiving any support for your mental health at the moment?