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Terrified about repaying benefits please help!

  • river96
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22 Oct 10 #230771 by river96
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My husband came this evening to see our daughter. He was bolshy and threatening and said that if I receive housing benefit and jobseekers allowance, when the house in Italy sells I will have to repay everything back even though I have told the Absolute truth to all the benefit agencies about owning it etc. He said I would have to pay it out of my half. of the sale. Several things come to mind, like why didn't the benefit people al tel me this? and since I have our child would I have to pay it all myself? and will I only have half of the proceeds from the house? he then tried to make me promise that when the house sold, I will buy another house with him to avoid repayment of italian taxes (if you buy as a main home in Italy you have greater relief on tax which you must then repay if you sell it again within 5 years unless you buy another house within europe inside one year) I am so utterly disturbed by his visit and I face another weekend in a state of total fear and stress again.Please help where you can!

  • LittleMrMike
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22 Oct 10 #230776 by LittleMrMike
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I can't help you about Italian social security ; as far as the UK goes, any capital over £6000 will reduce or eliminate entitlement to means tested benefits like JSA.

Normally if you have a house and use it as a residence the value of the house will not be counted as capital.

If you are selling the property you have a given time to sell it which is capable of being extended.

If you sell and receive a sum of money above £6K it will, as stated, affect, and probably disentitle you to, receipt of means tested benefits.

I don't think you have to repay any JSA previously paid, unless it was , say, a crisis loan, or a loan out of the Social Fund ( if such things exist these days ).

I think I am correct in saying that if you want to re invest the sale proceeds in buying another house, it should not count against you.

How the proceeds of sale are split is not a matter for the Benefits Agency and should, I think, be decided by a Court. But I can't help you on Italian law.

It is a long time since I did CAB and as the rules change, I recommend that you check this ad vice and ensure that it remains accurate .

LMM

  • river96
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22 Oct 10 #230778 by river96
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thank you. It just horrified me when he said everything I will be receiving will need paying back, as I wasn't at any time told this.
I know its only fair that if I have money from the house I use it but he says ALL money I receive now must be repaid. He tried to say HE would have to pay for it right now, then changed it to me having to pay it back from the house sale.

  • LouCheshire
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05 Dec 10 #238451 by LouCheshire
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River - I think you'll be ok.
I jointly own a house with my ex that was too big for me to manage alone and also I couldnt afford the mortgage and he wouldnt pay it.
The house is in negative equity but the fact is that I COULDNT live in it.
Anyway, told HB people and I get some HB.
I think in your situation the same fact would apply - you live in the UK..the house in question is in Italy - you cannot feasibly live in it.
If the sale is pending a divorce settlement then everythings plodding along...you've not witheld anything.
When the house sells whatever you get then will be taken into account and anything over 6K will affect HB and over 16K you wouldnt qualify...but thats WHEN it's sold, WHEN you get your money.
So, stop panicking...you've been honest with HB office.
Lou xx

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05 Dec 10 #238457 by rebecca02
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hi. i am i thee same situation .if the other house sells and you get more than i think max your allowed to have is 6000... benefits are re assessed from the point you actually have the money in your bank.....so i have been told as it stands now its an asset but not one you can actually spend..so doesnt count but you should get a letter every so often asking if your circumstances regarding the property has changed which you will have to sign and send back....good luckx

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