If you’re divorcing or separating from your partner and your income has dropped, there are some benefits you could claim as a single person. You might also qualify for benefits if you’re now a lone parent and your children live with you all or most of the time.
What’s in this guide
- Useful tools
- Universal Credit if you’re divorcing or separating
- How Universal Credit replaces existing benefits
- How Universal Credit affects you if you are a lone parent
- Help with housing costs if you’re divorcing or separating
- Child Benefit if you’re divorcing or separating
- How does child maintenance affect your benefit payments?
Useful tools
Universal Credit if you’re divorcing or separating
If you’re looking for work or on a low income, you might be able to claim Universal Credit.
Universal Credit can help you cover the costs of housing, children and childcare.
Find out more in our guide Universal Credit explained
How Universal Credit replaces existing benefits
Many of the benefits you would have been able to claim in the past if you’re divorcing or separating have now been replaced by Universal Credit. You cannot make a new claim for these benefits anymore.
These include:
- Income Support
- Housing Benefit (unless in supported or temporary accommodation)
- income-based Jobseeker’s Allowance
- Child Tax Credit
- Working Tax Credit
- Income-related Employment and Support Allowance.
The Department for Work and Pensions (DWP) call these legacy benefits. If you claimed these in the past you will now be claiming Universal Credit instead.
What happens if you already claim Universal Credit with your partner then you divorce or separate?
If you already claim Universal Credit and you live with a partner, your claim will have been a joint claim with them. If you are separating, you need to tell the DWP about your change of circumstances. Don’t worry – your claim will normally continue but it will change, and you will now need to make a single person’s claim.
To find out more Citizens Advice has information on what you need to know if you split up with your partnerOpens in a new window
Find out more in our guide How will moving to Universal Credit affect me?
How Universal Credit affects you if you are a lone parent
If you qualify for Universal Credit and you’re the main carer of a dependent child, you still might be expected to look for work – unless you are already earning enough to satisfy the DWP.
The number of hours you’re expected to work or look for work depends on the age of your children:
| Age of youngest child | Expected working hours per week |
|---|---|
|
Under one |
None |
|
One |
None, but you should have regular meetings with your work coach. |
|
Two |
None, but regular meetings with your work coach should help you prepare to search for work - like training and writing a CV. |
|
Three to 12 |
Up to 30 hours working or looking for work. |
|
13 and over |
Up to 35 hours working or looking for work. |
It’s important to talk to your work coach about what work is realistic for you. This needs to be based on your caring responsibilities and other things, such as the time you need to drop off or pick up from school or childcare.
When you’ve agreed what you’ll to do to find or prepare for work – this will form part of your claimant commitment. If you don’t keep to what’s been agreed, you could be sanctioned. This means you could lose all or some of your benefit for a few weeks.
If you will need help with childcare costs, you can claim up to 85% of the fees up to a certain limit.
Find out more in our guide Help with childcare costs
Jobseeker’s Allowance (JSA)
If you’re available for work, have paid enough National Insurance contributions and worked for two full tax years before claiming – you might be able to get New Style Jobseeker’s Allowance (JSA). You’ll be able to claim this as well as Universal Credit if you need extra help with things like housing costs or bringing up children.
If you don’t qualify to claim New Style JSA and are available for work, you might be able to claim the basic allowance of Universal Credit instead.
Employment and Support Allowance
If you’re not able to work because of illness or disability, you might be able to claim New Style Employment and Support Allowance (ESA) if you’ve paid enough National Insurance contributions.
You can claim this as well as Universal Credit if you’re on a low income, and you also need help with housing costs or bringing up children.
If you don’t qualify for New Style ESA you might be able to claim the ‘limited capability for work’ and the ‘work-related activity’ elements of Universal Credit.
Help with housing costs if you’re divorcing or separating
If you’re renting and not already claiming Universal Credit, you’ll have to make a claim for it and that would include the housing costs element of Universal Credit.
If you are already getting Universal Credit and it includes the housing cost element, you should make sure the DWP include the full rent in your Universal Credit. Otherwise, they may say that the joint tenant still has to pay half, or even the full rent if your name wasn’t on the tenancy.
If you go into supported accommodation such as a refuge, or get housed by your local council in temporary accommodation, you will still be able to claim Housing Benefit from the council. This applies even if you get Universal Credit for the rest of your income. You can also get help with the rent on your previous home at the same time in some circumstances.
Find out more in our guide How will moving to Universal Credit affect me?
You can only make a new claim for Housing Benefit if either of the following apply:
you have reached State Pension age, or
you’re in certain types of supported, sheltered or temporary housing.
If you’re a homeowner and getting certain means-tested benefits – such as Universal Credit – you might be able to claim Support for Mortgage Interest (SMI).
SMI is paid as a loan, which you must pay back. There are different ways you can do this.
Find out more in our guide Support for Mortgage Interest (SMI)
Council Tax Reduction
If you’re now the only adult not in full-time education in your household, you’ll probably qualify for a single person’s discount (25%) on your Council Tax bill.
You might get help paying your Council Tax if you’re getting some benefits, such as Universal Credit or have a low income from wages. You’ll need to apply to your local council.
In England and Wales, find your local councilOpens in a new window on GOV.UK
In Scotland, find your local councilOpens in a new window on mygov.scot
In Northern Ireland, find out about rates on nidirectOpens in a new window
Child Benefit if you’re divorcing or separating
How to change who Child Benefit is paid to
If you’re divorcing or separating, you might need to update your details for Child Benefit.
Child Benefit can only be paid to one person, and it’s important it’s paid to the main carer. This is usually the parent your child or children live with most of the time.
If your ex-partner is receiving the Child Benefit payment, you might not get the money unless they pass it on voluntarily. That also affects things like Universal Credit child elements, bedroom tax and help with childcare.
You can update who gets Child Benefit, and report a change of circumstancesOpens in a new window on GOV.UK
Or you can call the Child Benefit Office on:
Telephone: 0300 200 3100
Outside UK: +44 161 210 3086
If you can't agree with your ex-partner who should get the Child Benefit, HMRC will decide.
Child Benefit if you’re now earning less than £60,000
If you or your partner were earning over £60,000 and you received Child Benefit, you should have been paying back a part of it in extra Income Tax.
If your income is now below £60,000 as a lone parent, and you’re still getting Child Benefit, tell the Child Benefit Office about this change.
If you had chosen not to receive Child Benefit, so your ex-partner didn’t have to pay the extra tax, you can make a claim for payment with the Child Benefit Office if you're now the main carer and your child or children live with you most of the time.
If you’re not claiming Child Benefit
If for any reason you weren’t claiming Child Benefit before, but you now want to, it’s important you apply as soon as possible. This is because it can take up to 12 weeks to process a claim.
Find out more in our guide How to claim Child Benefit
How does child maintenance affect your benefit payments?
Child maintenance that you receive isn’t counted as income for means-tested benefits such as Universal Credit.
This means if you’re getting maintenance, you won’t get less money in these benefits. Other benefits that aren’t means-tested won’t be affected either.
If you have to pay child maintenance
If you’re the parent paying child maintenance and you get certain benefits, you’ll have to pay £8.40 a week out of your benefits if the Child Maintenance Service (CMS) or Child Support Agency (CSA) make the maintenance arrangement.
If you make a family-based arrangement, you and the other parent can agree what you should pay out of your benefits.
If you’re making a benefit claim, it’s important to always report your child maintenance arrangements to your Jobcentre Plus office. Do this even if you don’t think it will affect your claim.
Protect yourself against financial abuse
Everyone has the right to financial independence. If your partner is controlling your money or running up debts in your name, it’s financial abuse. But there’s no need to struggle on alone.
