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Has anyone ever separated, but still lived under the same roof? Question re. benefits mainly.

(7 Posts)
propmeupplease Wed 14-Jul-10 11:49:53

H and I have separated very recently, very amicably.

After looking at the options of one or both of us moving out, the top and bottom of it is that we just can't afford to. Our house has a bit of a granny flat type extention so he is 'living' in there.

We have 3 children. He works, I have been a SAHM for the last 9 years.

He is being reasonable re. money but I need my own money, separate from his obviously, and I don't want to feel like I 'owe' him anything so I will be claiming benefits, I have an appointment at the job centre on Friday and should hopefully find out exactly what I'm entitled to claim, and how much I would recieve, and so then H and I can work out a fair percentage of bills or whatever I will be paying.

Thing is, I wondered if anyone has been in this posistion? I know I will be entitled to obviously child benefit, tax credits and income support, but does anyone know if I'd be entitled to housing/council tax benefit, certainly not the full amount, but a proportion?

I guess I am just trying to work out our (the kids and mine) lives from here on in and Friday seems like years away.

primrose22 Wed 14-Jul-10 13:27:13

I can't offer any advice with regards to money but I would be VERY wary of living like this. It is something I tried with my ex and thankfully we soon realised it wouldn't work. I think it just delays the inevitable and could lead to 2 lots of heartbreak and new situations for any children to cope with, eg: the news that you are splitting but living together but 'apart' and then further down the line, your ex or you moving out.
I split v.amicably with my ex and do still have a v.good relationship with him, we never row and I consider him a friend BUT our relationship is so very different from those early days of our parting. Initially I would have loved us all to live together but now, yikes! He is, in many ways a stranger, we both have new partners and most importantly our dc children are v.settled with our situation.
I hope this helps? Also, hopefully someone can advise you about the money situation. Good luck x

dowthorpe Thu 15-Jul-10 15:27:49

You can't live under the same roof as an ex-partner and claim certain benefits, particularly if he owns the house or works, an annexe isn't considered a seperate as property.
You would be committing benefit fraud if you claimed certain benefits whilst still living under the same roof as him.

Best route is to sell up and divide equally. Else he moves out and in lieu of financially contributing to his children in a major way, allows you and the children to remain there whilst he prviately rents.

I'm not a homeowner, but split with my children's father and remained living under his roof claiming benefits seperate from his income, until I was advised it was fraudulent. shock
Wish there was clearer information on this available either from a lone parent advisor or on government websites, it's a very grey area.sad

Magicmayhem Thu 15-Jul-10 19:27:47

I seperated from my ex and made a claim for faimily credit/tax credit in my name.We were living under the same roof but living seperately, ie he cooked his own meals and did his own shopping, cooking etc.... I worked over 16 hours a week...as far as I know this isn't fraudent. I couldn't claim housing tax benefits till he moved out.

we lived like this for 9 months before he moved out. I also would be wary of living like this as it can go pear shaped when one of you meet someone.

dowthorpe Thu 15-Jul-10 22:30:31

The rules I mentioned apply if you are not working but claiming benefits, as per OP.

sowhathappensnow Sat 17-Jul-10 00:54:56

I did this for a while. It was hell! But benefits-wise a man from income support came out to our home and asked lots of questions and asked me to sign a statement. Stuff like whether you have joint bank accouts, whether you eat/socialise together etc. They very quickly wrote to me saying they didn't consider my H as my partner, that we were living in separate households and that I could claim benefits as a single parent. Certainly not fraudulent. I don't work.

libbs75 Thu 26-Oct-17 08:49:51

It isn’t benefit fraud if there are reasons as to why you still live at address. Separate households can coexist and you claim as single and claim tax credits! HMRC won’t be very forthgiving but if there is an underlying reason then you are allowed! I went in front of a judge when hmrc decided I wasn’t entitled to a single tax credit after living like it may reasons for mental health reasons and disabled child. They went out to judge saying I had purposely falsely applied in the first place but my evidence said different and I won my case. Hmrc didn’t treat me very pleasantly apart from there representative who attended the court hearing and even after I won they dragged there heals to pay up and broke the rules and it took well over a year for them to pay up. I still get hassle from them and send copies from court to them repeated times.

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