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Tax Credits and Partner Not Living with me

(11 Posts)
Joshy12 Wed 20-Oct-10 13:48:36

I would appreciate some advice regarding tax credit and having a partner who I do not live with.

I have two children, and a year ago my partner, (not the father of my kids), and I decided to buy a house together. However, after the house went through, things changed and he decided to move in with his Dad. Still classing myself as a single parent, I have continued to claim tax credits. I work 40 hours per week and pay a child minder to look after the kids two days a week, so I get most of my childcare costs covered.

What is worrying me, is that although my partner does not live me, nor does he rarely stay over, we are still together. As the mortgage is in both our names he pays just under half the mortgage each month, along with the gas, eletric and water bills. I pay the rest of the bills. He does not eat with us, none of his clothes or possessions are here, but he does come round virtually every day. Do you think I should be claiming tax credits in this situation?

marantha Wed 20-Oct-10 17:11:39

I am not sure.
If you have told tax credits people you have bought a house with someone and that they are paying mortgage, bills etc, then I would say not to worry. In short, if you have been totally honest as regards your finances, I would not be concerned if I were you. If not, I am not sure-maybe you should be worried.

BUT as regards to you having a partner this in ITSELF (PUTTING FINANCIAL BUSINESS TO ONE SIDE) is something that you have the right to keep to yourself.
As long as you're not living together, it's not the tax credits people's business.
I must stress the 'as long as you're not living together' bit.

onadietcokebreak Wed 20-Oct-10 20:06:27

For once even I am at a loss as to what to advise. Best check with cab.

LucindaCarlisle Wed 20-Oct-10 20:23:07

Have a look at the Child Poverty Action Group Manual on Benefits, and look up the definition of Co-habitting.

marantha Thu 21-Oct-10 10:31:07

I do not understand how you can be co-habiting if not living together- as cohabitation IS living together.
Probably best go to cab.

onadietcokebreak Thu 21-Oct-10 10:44:36

Cohabiting can include socializing together, shopping together, financial inter dependency etc. He's paying the household bills- that's a crucial factor..

However I'm experienced in benefits and tax credits aren't benefits so hmrc may view things differently.

marantha Thu 21-Oct-10 10:53:05

onadietcokebreak Surely if there is no financial interdependency or financial links and a couple are NOT living in same house, they are not cohabiting?
If Joshy12 and her partner just socialised, shopped together and did all other things together that a couple do without living together or being financially linked, there's no way they'd be classed as co-habiting.

I think that what could be dubious in this case is that there is financial support from another source that, if has NOT been declared, could be dodgy.

HappyMummyOfOne Fri 22-Oct-10 12:00:51

As you admit "we are still together" and you have joint bills then yes its likely they will say the claim should be a joint one. If they do a compliance check and see joint names on everything you may have a lot of problems.

Bluewednesday Tue 14-Dec-10 14:44:56

I split up with my husband over three years ago, but never manged to sort out legal staff. We still own a house together (on paper only as he doesn't contribute). I didn't want to sell as we have very good deal on the mortgage, and pay no interst. Monthly mortgage is in region of £600. If I wanted to rent similar property it would cost 1000, and I wouldn't be able to aford the rent. So I'm living in the property, he moved out (probably abroad, but I'm not sure), and wait for 5 years to pass before I can apply for divorce, as he says he doesn't need one. I pay all the bills, childcare, etc, with no help from my ex. It just dawned on me that maybe I shouldn't claim as single parent if HMRC was to make some checks they would class us as married. Any thoughts would be appreciated.

darleneconnor Tue 14-Dec-10 19:15:39

It's a grey area of the law and your circumstances are on the borderline.

I wouldn't be surprised if they stopped your tax credits if they found all this out, but, with representation you would probaly win an appeal.

darlingcharity Wed 16-Mar-11 15:38:48

what is tax credits extra checks on new joint claim?
My new claim is taking over 6 week and still notthing. Anyone experience same thing?

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