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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

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:

AndNowItsSeven · 22/05/2016 16:59

Op you were really silly, if you had taken the maintenance to pay bills rather than having your bills paid direct you would have been fine.
Now you will have an overpayment, you have NOT committed fraud though.

HermioneJeanGranger · 22/05/2016 17:00

It doesn't sound like she did tell them that - just that she was now claiming as a single person. Now they've found out her ex was living there the whole time and want proof they weren't in a relationship/living as a couple, which will be pretty impossible to prove if he was paying all the rent and bills.

Just5minswithDacre · 22/05/2016 17:00

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.

If you have that agreement in writing, attach a copy to your letter.

Original poster

Mmikis · 22/05/2016 17:01

Anybody been in any similar position?

OP posts:

Stardust160 · 22/05/2016 17:01

Op if you were together you wouldn't get Maintenance. By your ex paying the bills and providing a roof over your head you effectively were in the same position you were before split. Only by saying you split you were awarded single tax credits which you were not entitled to as your circumstances had not technically changed as you were still living with your ex and he was still providing. You can't justify it by saying he didn't pay maintenance he paid for the roof over you and your children's head. Our benefit system doesn't work like that over wise everyone would be doing it. Fathers only pay maintence when they don't live with their ex and children.

Just5minswithDacre · 22/05/2016 17:05

Hermione the mere fact of living at the same address is not the sole relevant factor.

Despite the awkward appearance of the bills arrangement, OP has a good case based on the rules.

Please stop giving people completely inaccurate and unqualified welfare advice as though you know what you're talking about. I'm sure you mean well but it isn't helpful.

HermioneJeanGranger · 22/05/2016 17:05

It's irrelevant whether she has it in writing, that's now how maintenance works! Parents pay maintenance when they live separately to their children - it's not something you don't pay in exchange for paying rent and bills, especially when you live under the same roof as the other parent.

I think OP has been naive in claiming as a single parent under the circumstances. However, it still means it's a fradulent claim and she will probably have to pay back any benefits recieved as a single parent in that time. You're not (under law) a single parent when you live under the same roof as your children's father and he pays the bills.

nanetterose · 22/05/2016 17:05

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. :)

HermioneJeanGranger · 22/05/2016 17:07

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?

Just5minswithDacre · 22/05/2016 17:10

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.

Just5minswithDacre · 22/05/2016 17:12

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

Google it if you're interested.

Cutecat78 · 22/05/2016 17:15

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.

Original poster

Mmikis · 22/05/2016 17:15

Anybody been in similar position?

OP posts:

HermioneJeanGranger · 22/05/2016 17:20

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.

Just5minswithDacre · 22/05/2016 17:21

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.

Just5minswithDacre · 22/05/2016 17:25

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 · 22/05/2016 17:26

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

That's also entirely irrelevant.

Original poster

Mmikis · 22/05/2016 17:27

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 ...

OP posts:

HermioneJeanGranger · 22/05/2016 17:27

Not according to the government website, but okay.

Just5minswithDacre · 22/05/2016 17:31

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.

NewLife4Me · 22/05/2016 17:35

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.

NewLife4Me · 22/05/2016 17:38

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.

BlueMoonRising · 22/05/2016 17:45

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.

YellowShockedFace · 22/05/2016 18:02

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.

Original poster

Mmikis · 24/05/2016 12:06

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

OP posts:

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