Misrepresented Finances

[David99]

For the past 15 years, I have run a successful holiday cottage business with my ex-partner. We have 8 individual properties available for let. The business was set up as a sole trader business, however the properties all have mortgages on them. 7 of those properties are in my ex-partners name and not in the business name. We have now separated and the situation has got somewhat complicated and is currently before the courts. Amazingly my ex-partner is claiming that the business makes no money. However, that business has always provided us both with a very comfortable lifestyle. My ex-partner is justifying her claims, in court, with a letter stating that she has qualified for Employment and Support allowance for which she gets £73.10 a week. As she currently controls the business finances I have no way of requesting bank statements to prove otherwise.

[Kati]

Re: Misrepresented Finances

ESA is a means tested benefit ... If she 'owns' (has her name on) the houses that get rented out, then she shouldn't be able to claim the 'income based' one (http://www.disabilitynow.org.uk/ques...ne-or-combined)

[BenLegal]

Re: Misrepresented Finances

Your ex-partner can qualify for Contribution-based Employment and Support Allowance as this is not means tested. Also £73.10 per week is awarded for a maximum of 13 weeks during an assessment period. Should a person be found eligible for ESA after the assessment period then they will be awarded up to £109.30 per week. So your solicitor should emphasise to the court that an assessment for ESA is in no way based on a person’s income. Your solicitor should request that your ex-partner voluntarily makes transparent her income; providing full and complete disclosure of all of her bank account via statements. However, if she fails to offer this information voluntarily, then clearly she feels that it is not to her advantage to do so. In this instance a request should be made to court for your ex-partner to provide further evidence of her income.