Will tax credits (HMRC) accept this, or is it benefit fraud?

[52States]

Hi,

I'm such a scaredy cat, terrified to do anything wrong and this is really playing on my mind, can anyone advise?

Split with ex in 2011, we have a 4 year old DD. I moved in with my Mum when we split, we share custody of DD 50/50. It's all very amicable and he's a fantastic father, but there isn't a hope in hell of us ever reconciling.

Ex is a lot more financially stable than I, he owns 2 properties, I live with my Mother and it is unbearable for both of us, she blatantly wants me to leave so I was planning on applying for a council property.

DD starts school in September. School is around the corner from the property ex lives in. Without boring you with any more details, ex has offered to leave the property he lives in and move in another small property he owns, (tenant is due to leave that property in May and there is no mortgage on it) Then DD and I could move in. He would then stop paying me maintenance, and just continue to pay the mortgage instead (£700 per month if that's relevant) I would obviously have to pay all bills.

Absolutely everything would be in my name (Sky, utilities, council tax etc) Obviously ex would would have his own council tax, utilities, mobile phone contract etc in the property he owns and moves into. Electoral roll would be sorted and everything done properly.

I get so excited thinking about it, I'm getting a great deal. The house is lovely, nice area, by DD's school etc and it all appears to good to be true as I'm worried sick HMRC would link him financially to the house because he owns it? Mortgage would presumably come out of his bank account?

If they do a random check, will they accept this? Or are they going to assume we are a couple? Will they want to know how ex can afford to pay the mortgage on my behalf, as well as pay his own bills etc? Not sure ex would be happy to be dragged into anything like that as it would cause him hassle (he has zero patience and probably wouldn't cooperate) would they want to know how I could afford my bills etc? Truth be told my tax credits would be paying majority of bills, my wages would cover food, DD's clothes & car etc.

I appreciate it seems too good to be true, I think so myself, he's letting me live in a lovely house for free, but he is telling me he wants DD to grow up there due to it being a nice area, close to her school friends etc.

Shall I just stay with my Mother? Could not bare all the hassle of having my CTC &WTC stopped. Would struggle greatly.

[Northernlurker]

I think the benefit situation may well be very complex as you would be getting a benefit in kind from him - no rent - which has a definable worth. I don't know much about that. What I do know is that you would be very vulnerable living there effectively at his pleasure - with no tenancy agreement he could get you out any time couldn't he? What if you meet somebody new? He's not going to want you to move somebody in to his house. I think this could get very messy.

[52States]

Thanks for replying.

Yes, I'm taking a real leap of faith I guess. If he told me to leave, I'd have to go back to my Mother. He told me he has no intention of doing that, doesn't make much difference to him whether he pays maintenance or pays the mortgage, he says the choice is mine.

Last thing on my mind is to meet anyone!! But if I did then I guess I would see them at their place when DD was with her Dad. At this point I never, ever, ever want to live with a man again.

It probably isn't going to be a long term 5 year plus arrangement, but it'd be very convenient for now, just worried that it would cause hassle & be deemed as a fraud of some sort.

[Northernlurker]

It might be best to simply ring tax credits people then and ask.
Glad you see it as a short term thing.

[17leftfeet]

It would be better for him to pay maintenance and then you pay him rent

[Quinteszilla]

Can you ask for a tenancy agreement?

[lubeybooby]

what 17 left feet said, you can keep all maintenance no problem, so I'd do it that way, and pay rent with official tenancy to protect your rights too to having things fixed, etc.

[lubeybooby]

meaning he pays it to you then you pay it straight back in rent

you won't be able to claim any housing benefit though (if you were eligible) due to the link with him as dd's father.

I could be being over cautious though and there be a way round it... speak to the CAB?

[Monty27]

Yes, link it to maintenance.. its all very complicated. Good luck, but make sure you don't break the law. :)

[NaPo]

You say you have split up. If you were/are married, you would be entitled to live in the house anyway and own part of it. My partner's ex is living in their jointly owned home with the kids, paying the mortgage and claiming all benefits known to man + he pays child maintenence and joint loans that are in her name