I am a long time lurker, and am hoping someone might be able to answer this question. My solicitor couldn't answer it, and my local CAB has a 5 week waiting list. I don't know where to ask? Phone DWP but if so, what department, and how can I be sure I am given accurate advice?
Anyway here's the question. I have been ill for some time and am currently on income support and carer's allowance ( my youngest child) having worked for 30 years prior to this.
I have been separated from my husband for over 2 years and am desperate to be divorced from him because he is useless with money and lots of other reasons.
It's been complicated due to his debt and the fact we have a mortgage: as I am not currently earning I can't buy him out or take over the mortgage.
Things have come to a head between us over the last few weeks and he is now as keen to get divorced as I am. His brother has made him an offer to lend him money against a future inheritance to pay my mortgage and his debt off, then we would have a clean break agreement where he doesn't pay any maintenance for our child going forward. My solicitor thinks this is a reasonable arrangement, given he would keep his debt, my home would be secure and the age of the child involved.
I am pretty sure however that this would not comply with rules regarding means tested benefits. Would it be seen that I should be accepting that money as cash, in which case I would not then be eligible for IS and CTB? I am not out to defraud which is exactly why I want to find out about this, desperate though I am to cut ties with him. I have looked up documents on the net regarding this issue but they are about as clear as mud to me!
I would be really grateful if anyone knows the answer to this, or where I could get a definitive answer to my question. Many thanks!
Anyway here's the question. I have been ill for some time and am currently on income support and carer's allowance ( my youngest child) having worked for 30 years prior to this.
I have been separated from my husband for over 2 years and am desperate to be divorced from him because he is useless with money and lots of other reasons.
It's been complicated due to his debt and the fact we have a mortgage: as I am not currently earning I can't buy him out or take over the mortgage.
Things have come to a head between us over the last few weeks and he is now as keen to get divorced as I am. His brother has made him an offer to lend him money against a future inheritance to pay my mortgage and his debt off, then we would have a clean break agreement where he doesn't pay any maintenance for our child going forward. My solicitor thinks this is a reasonable arrangement, given he would keep his debt, my home would be secure and the age of the child involved.
I am pretty sure however that this would not comply with rules regarding means tested benefits. Would it be seen that I should be accepting that money as cash, in which case I would not then be eligible for IS and CTB? I am not out to defraud which is exactly why I want to find out about this, desperate though I am to cut ties with him. I have looked up documents on the net regarding this issue but they are about as clear as mud to me!
I would be really grateful if anyone knows the answer to this, or where I could get a definitive answer to my question. Many thanks!