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AIBU?

Working tax credits

57 replies

Mmikis · 19/05/2016 20:46

Hi all. That's my first post. Just wondering if anybody was in similar situation as me. I did split up up with father of my daughters but stayed in his house. Had spare bedroom for myself. I did claim working tax credits. Didn't pay any bills or rent so told him not to pay children money in return as we been living rent and bills free. Last week we decided to give a another go for our relationship . Rang working tax credits to say that things changed and I am not claiming as a single person no more. They told they send my a letter where I have to explain relationship to the adult living in same address(my kids father) ,send bills,copy of rent or mortgage papers ,my bank statements etc. What's next step? To prove that we not been in a relationship for period I did claim .

OP posts:

Report

Stardust160 · 19/05/2016 20:55

I don't think you were entitled to claim working tax credits as a single parent as you were still living together regardless if you weren't actually together. The fact is you got the single element to cover bills so therefore you have actually committed fraud as you werent living apart. His wages were covering bills regardless if you got no maitence tax credits see it as no different to when you were together.

Stardust160 · 19/05/2016 20:57

I wouldn't be surprised if you have to repay what you received in the time period to claimed as a single parent.

Owllady · 19/05/2016 21:00

Tell them the truth?

ThatStewie · 19/05/2016 21:09

Tell them the truth. You may find you will have to pay back some of the tax credits.

Bitchqueen90 · 19/05/2016 21:09

I couldn't claim tax credits until I had moved out of exH's house. I don't think you're supposed to if you're still living together.

Babyroobs · 19/05/2016 21:10

I think you will find it hard to prove you were not a couple during that time and may find yourself having to repay the difference between the amount you got claiming as a lone parent and what you would get as a joint claim. Lots of couples don't share a bedroom but they don't claim as single. Were any of the bills solely in your name?

AndTakeYourPenguinWithYou · 19/05/2016 21:14

You were living together and he was paying all the bills.
You've committed benefit fraud.

YouMakeMyDreams · 19/05/2016 21:15

You may find it hard to prove but it's not true that you can't claim living in the same house and split up. They may ask you to prove it and if you can't you may have to repay but you can still claim as single person in that situation.

Mmikis · 22/05/2016 16:33

Well situation wasn't the best one. I was pregnant with second baby nearly six months. And I really didn't have anywhere to go as non of my family is here...I am from abroad. We did agree on family agreement that instead of children maintenance he will cover mortgage,council tax etc. I had to pay for mine and kids food,clothers,toys,transport.activities etc . I also was made redundant back in November. So this even made harder to move out....

OP posts:

John4703 · 22/05/2016 16:35

Get advice, your local CAB (Citizens Advice Bureau) should be able to help

HermioneJeanGranger · 22/05/2016 16:37

You'll be made to pay back anything you claimed, unfortunately.

You can't claim as a single person when you're living with the father of your children - especially when you're not contributing to bills and rent.

AndNowItsSeven · 22/05/2016 16:40

Yes you can claim when separated even if living in same house, however you needed to have been self supporting re bills food etc.

AdrenalineFudge · 22/05/2016 16:42

Hermoine is right.

Your position sounds rather precarious regardless.

Mmikis · 22/05/2016 16:43

I did support myself and kids. But instead of paying bills like rent,gas,water he did let me to live in his house . In exchange of paying kids maintenance money if that makes a sense.

OP posts:

HermioneJeanGranger · 22/05/2016 16:48

No - you didn't. Your partner was paying your share of the rent and bills. Single people don't have partners who live with them 24/7 and who pay their bills and rent for them.

AdrenalineFudge · 22/05/2016 16:51

In exchange of paying kids maintenance money if that makes a sense.

Not to sound harsh but we can't rewrite laws and regulations for our own convenience. It just doesn't work that way.

PeppasNanna · 22/05/2016 16:54

Whoa...!! Do these poster understand the rules for claiming WTC? No, clearly not.

WTC is sn unusual benefit in that it has a different eligibility ctitetia then Income Support/JSA/ESA.

You are in an unfavourable position Op. I would seek formal advice ASAP but i think you havr been honest & done ehat was asked of you by the Benefits Agency.

QuimWilde · 22/05/2016 16:54

My abusive exH refused to move out of the family home when I told him our marriage was over precisely because if he was there, I would be unable to claim anything as a single parent. All the TCs went into his account (this was many years ago under the old system) and he didn't give me a penny. When I went to the Jobcentre to try to claim, they told me there was nothing they could do as technically we were still a couple and I didn't qualify for anything.

If you live with your ex, the same will apply to you even if your relationship is over.

HooplaLoopla1 · 22/05/2016 16:56

As someone else suggested, go and speak to CAB. You can get a million and one relies on here, all a little different to the last and none of them being 100% right because these things can change, year to year, person/circumstances to person/circumstances. CAB are trained and up to date with the current legislation and rules and will be able to correctly advise you. Good luck.

QuimWilde · 22/05/2016 16:56

Also, I'm afraid that they may well consider this benefit fraud. You will at the very least be required to pay it back. I'd get advice from the CAB if I were you.

HooplaLoopla1 · 22/05/2016 16:56

Replies not relies

HermioneJeanGranger · 22/05/2016 16:57

Yes, but while they're living together, WTC will be based on their income as a couple. She can't argue they're not together when he paid her share of bills and rent - it doesn't work like that unfortunately. Or you'd have hundreds of couples living together and claiming to be "separated" in order to claim WTC!

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AndNowItsSeven · 22/05/2016 16:58

It's not benefit fraud!

PeppasNanna · 22/05/2016 16:58

How is it fraud if she told them they were still living together??

Just5minswithDacre · 22/05/2016 16:58

No Hermione is wrong.

It is perfectly possible to be separated under one roof under benefits and tax credits rules.

The problem you will have OP is the agreement re household bills.

But factors such as eating, cooking, shopping and socialising together are also considered when determining whether you are one 'household' or two, as is whether you are 'known' as a couple by friends and family or not.

So in your letter set out the whole series of events clearly and then go on yo detail all the activities and arrangements that you have conducted as two single people during the separation.

Be prepared to argue your case and appeal.

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