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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34030
Experience:  25 years experience of all aspects of family law
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Hi Claire, when my daughter got her decree absolute her husband

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Hi Claire,
when my daughter got her decree absolute her husband paid a lump sum for spousal maintenance (which she used to buy his interest in their house). He now pays child mainteance but not spousal maintenence. I am aware that spousal maintenance is income for means testing for Income Support -but what if it was paid in advance. If advance payments are trated as income -then for which years?
Thank you for your question I shall do my best to assist you.
Please do not worry - the extra capital your daughter received instead of ongoing spouse maintenance is only relevant for Income Support when it comes to the capital limits.
It is not regarded as income for any years at all
I hope that this is of assistance
Customer: replied 4 years ago.

Thank you Claire.

I do have a further question but it is completely different. So let me know if I should log in separately to ask it.


My daughter may own a share of what I think is a 'furure interest' in a property (abroad). Part of the freehold is owned by her but she cannot obtain possession until her mother dies. She cannot mortgage or sell the interest and the interest can be revoked in some circumstances. That appears to be disregarded capital by Schedule 10 of the Income Support (General) Regulations (NI) 1987 and Schedule 6 Housing Benefit Regulations 2006. Is that correct?

Interestingly, the regulations for Universal Credit do not appear to exclude 'future interests' so presumably everything is valued and the claimant would need to prove that because she cannot sell it, it has no value. That may not be always true which will leave claimants either in problems or having to pursuade their parents to sell up!

You are correct on both points - although it is usually possible to prove that a sale cannot be forced
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