Working tax credits

[Mmikis]

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 .

[AndNowItsSeven]

I don't think deliberate fraudsters should have " understanding"btw just that hmrc main concern is the money back.

[AndNowItsSeven]

Hmrc are far more understanding than the dwp they hardly ever prosecute even in obvious fraud like lying about childcare for years. They just want the money back and or fines

[ThatStewie]

You will NOT go to jail. As someone said up thread, you might be completely fine and HMRC will understand with minimal amount of fuss (beyond their tedious call line hold music). They may decide they've overpaid you - in which case they will take some off future payments but it won't be all.

Please make an appointment at CAB to your mind at rest.

[boscros1]

I had a repayment to make about 2 yeaes ago, and they let me pay a very small sum a month and it took a couple of years to clear. They know I could have afforded more based on my salary but it was easy enough to convince them otherwise.

[AndNowItsSeven]

No you won't go to jail please stop worrying you can look up the repayments online.

[Mmikis]

Can I go to jail? My claim lasted 11 months. I got two young babies its killing me. How quick I would have to pay back. As at the moment I am not working.

[AndNowItsSeven]

The worst that will happen is you will have to pay back all the money plus a fine.

[Mmikis]

I am so scared. I will be sending all information they wanted to get. What's the worst can happen in my situation?

[YellowShockedFace]

If you earn over 20k they take 50% back from your current payments until the repayments are paid back. They do not take any outgoings into consideration, you just pay it back.

[BlueMoonRising]

When I split from my ex, I phoned tax credits. There was a delay in me moving out, and the person on the other end of the phone told me I could claim as a single person despite the fact we were still in the same house.

Op was perfectly entitled to claim.

[NewLife4Me]

OP, have just seen your latest post and sorry but need to ask.

Are you trying again with your husband because you have nowhere to go or don't think you can manage to provide for your children without him?
Do you really love him or would you like to be single.

[NewLife4Me]

OP, make an appointment to see CAB there are so many different situations and as a pp pointed out the rules do change.
You may have to pay something back but if it was done in error it's usually no more than 40% of the overpayment each month.
As for if you were fraudulent, nobody on here can tell you that as they don't know all the details, so don't listen to scare mongering.
Just be honest, tell them everything they ask and I'm sure you'll be fine, especially if you told them all the changes in your situation.
It may help if you can remember when you called to inform them of changes, or when you wrote to them.

[Just5minswithDacre]

I don't have in writhing. Didn't think it was neseseraily

That's unfortunate, but make an appointment at your local CAB anyway, you have nothing to lose.

Do you know where your local CAB is?

You can find it here if you don't.

[HermioneJeanGranger]

Not according to the government website, but okay.

[Mmikis]

I don't have in writhing. Didn't think it was neseseraily. As it can be verbal. I really didn't have a anythere to go and couldn't move out. I don't have family or friends who I. Old go to. And with 2 very young babies I would have end up in the street ...

[Just5minswithDacre]

They live at the same address and neither have an alternate address.

That's also entirely irrelevant.

[Just5minswithDacre]

They will be jointly named on bills and council tax.

Well council tax is always a joint bill for all adults at an address, so that proves nothing. Joint utility bills don't exist and you're not party to their water and telecoms accounts.

If Op is sure of the honesty of her position, it is at least worth challenging the decision in preference to meekly accepting a £££££ overpayment decision.

[Just5minswithDacre]

I've dealt with about a dozen similar cases Mmim - but none of them with quite that CM/bills arrangement.

That's your sticking point and if a written (and dated) "family arrangement" agreement exists outlining it, that would certainly help you mitigate it a bit.

[HermioneJeanGranger]

I have looked it up. OP will struggle to prove they split up - which she needs to do in order to claim as a single parent.

They will be jointly named on bills and council tax.
They live at the same address and neither have an alternate address.
Her partner was covering her share of the rent and bills. So she had no additional living costs that come with separating from a partner.

You can't just say you've split up and claim as a single parent, it's not as simple as that. You have to prove you live financially separate lives - they do not.

[Mmikis]

Anybody been in similar position?

[Cutecat78]

Good luck with the "compliance" team they are charming -not.

You have basically committed fraud and you will have to pay it back.

My tax credits were stopped because OH and I were deemed as living together even though he lives elsewhere most of the time but because we shared some shopping, bills sometimes, I did his washing and we went on holidays together etc we are classed as living together.

[Just5minswithDacre]

I'm not going to C & P pages of technical guidance Hermione.

Google it if you're interested.

[Just5minswithDacre]

OP make an appointment with CAB, don't listen to the maelstrom of conflicting advice here.

Take with you a list of what you have been paying for from your income, a list of household tasks you've been doing separately (laundry, food prep etc) and a list of the family and friends who knew you were separated and treated you accordingly as separated.

Those things (if you were indeed separated) should help establish your position, but let the CAB go over it all properly and advise you.

[HermioneJeanGranger]

How does she have a good case? She may not have been with her partner romantically, but financially she was in the same position as when they were together. Why should she be able to claim benefits? Surely every couple living together could claim to be separated and claim as single parents if that was the case?

[nanetterose]

Unfortunately, even though you didn't do it intentionally - you have committed benefit fraud.

I hope when the powers that be, sort things out- they work with you!

Good luck. :)