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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner and i have separated and she lives in another property

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my partner and i have separated and she lives in another property with our 2 children.Iam tyring to make a permanent binding settlement with her which may involve allowing her to live rent free in a house (that I will buy) until younger child is 21,My former partner has very little income except for benefits. My question is whether she ,living rent free ,could continue to claim housing benefit ie is it income dependent or rent paid dependent
Hi, thanks for your question.
Housing benefit claims take into account the following when deciding how much benefit to award:
- Income
- Savings/assets
- Your personal circumstances (such as your children living in the household)
- Rent amount
Therefore if she is living there rent-free then she will not be able to claim housing benefit.
On a separate point, given that she has a child she could potentially be in a position to claim a share of the property once the child reaches a certain age. It is therefore important to (if you are not married to her) obtain a deed of trust outlining that she is not entitled to a share of the property - if this is your intention.
Please let me know if you have any further questions regarding this.
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