Accused of benefit fraud

[cakeinspiration]

I think my daughters dad and his girlfriend have reported me for benefit fraud. Is there any way I can find out if it was them or not?
I had my girl when I was 18 and split up with his dad when she was 6 months old. He got together with his girlfriend just before our daughter turned one. My girly is now 4.
I think his girlfriend is jealous of me because she loves kids but can't have any yet for whatever reason. She's told me she can't wait to be a mum and always tells me how lucky I am as my daughter is so polite and she loves her loads. I guess I'm happy that my daughter has someone who loves her a lot but sometimes feel like she's a bit much.
AnywY I met my partner a year ago and he stays at mine sometimes, maybe 2 or 3 nights a week. His 2 daughters (7 and 10) come and stay at mine too. I only have 2 bedrooms so the kids share my daughter's room or the living room.
I got a call the other week from the council asking if I share my home with anyone and I said no. My partner rents his own flat so pays council tax there and my council tax is just for me and my daughter, I have universal credit to go towards rent which is for my flat that I got when I moved out of my parent's house just before I had my daughter.
My partner and I don't want to move in yet as it would be hard for us to afford a place big enough for the kids, and we would lose out on universal credit and I don't think we can afford it.
The council lady said they might come and do a home check in the next couple of weeks and I'm really worried about it, what can they do? Will I get kicked out of my flat?

I know someone who works for the relevant department and a few years ago at least(not sure if he’s still doing it) part of his job was to spot check people claiming to be single parents. He would sit outside a house at 6 am for an entire week and see who left each morning. An extra adult leaving Once or twice but not the rest of the week would not trigger anything but every morning it would. So it might just be a spot check on you, but I would rein in the overnights for niw to perhaps only once a week and move the stuff that is obvious eg kids coats and shoes in the hall. Put any toiletries away in your bedroom drawers - they surely can’t rifle through them.
Make it clear that he stays over occasionally but is not living there and pays nothing towards your bills.

@PheasantsNest

Were you honest with them? Staying regularly two or three nights a week sounds quite often.

2 or 3 nights is often

Really?

OP it may be one of your neighbours reporting you rather than your ex.
Your neighbours can see who goes in and out more easily plus hear you.

I would ensure his children stay over less often as the noise from them may have triggered one of your neighbours to report you.

Council tax do carry out random spot checks. They pick up many people who’ve forgotten to update their circumstances that way, rather than just trying to nab you for fraud.

You seem to have a decent relationship with your ex and his girlfriend, if she makes complimentary and friendly remarks about your DD. There’s nothing to suggest she’s jealous of you because she’s chosen to wait until she’s older and more secure before having her own DC.

If its a council owned then your allowed someone to stay for 2 nights a week I think it was

Council tax do carry out random spot checks. They pick up many people who’ve forgotten to update their circumstances that way, rather than just trying to nab you for fraud.

They do it by checking credit reports and post. So the OP's circumstances wouldn't have triggered it as her DP has his own address for bank statements, utility bills, etc.

@DecorChange If the OP is a secure tenant she can rent a room out or have an adult living with her full time but would have to declare it.

@RedMarauder

Council tax do carry out random spot checks. They pick up many people who’ve forgotten to update their circumstances that way, rather than just trying to nab you for fraud.

They do it by checking credit reports and post. So the OP's circumstances wouldn't have triggered it as her DP has his own address for bank statements, utility bills, etc.

They do it largely randomly as a percentage of all accounts with an exemption or discount applied. They certainly don’t look at credit records or post.

@Maray1967

I know someone who works for the relevant department and a few years ago at least(not sure if he’s still doing it) part of his job was to spot check people claiming to be single parents. He would sit outside a house at 6 am for an entire week and see who left each morning. An extra adult leaving Once or twice but not the rest of the week would not trigger anything but every morning it would. So it might just be a spot check on you, but I would rein in the overnights for niw to perhaps only once a week and move the stuff that is obvious eg kids coats and shoes in the hall. Put any toiletries away in your bedroom drawers - they surely can’t rifle through them. Make it clear that he stays over occasionally but is not living there and pays nothing towards your bills.

Yes exactly - occasionally is fine. Regularly for half the week with his kids in tow as well is dubious. I suppose the fact he has his own home makes it less likely anything will come of it, but I would be careful in op's shoes.

[quote RedMarauder]@DecorChange If the OP is a secure tenant she can rent a room out or have an adult living with her full time but would have to declare it.[/quote]
Yes and have a deduction on her Uc rent element for it.

What are the actual rules for each benefit that you’re claiming, that you’re supposedly breaking?

Presumably something to do with what constitutes ‘a household’ or similar. That’s all you need to check.

Whether someone stores their spare toothbrush at yours is irrelevant.

Contact Citizens Advice as they should be able to give you useful guidance.

Thirty odd years ago my ex boyfriend at that time was charged with benefit fraud by the Council, but I looked up the regulations and put his case together to give to his defence lawyer. The Council dropped the case on the day of the court hearing for lack of evidence. Basically, they assumed he’d plead guilty and stop claiming but he was staying over at mine regularly but not living there as he had his own place that he was paying bills for.

www.advicenow.org.uk/guides/survival-guide-benefits-and-living-together

Two seperate households is evidence that he is not living with you. I am sorry you are being investigated. If someone implies that one or two nights a week is problematic, ask them to show you where the rules state that.

My sons have size 11 & 8 trainers sat at my door men’s coats etc how to home checks know what is yours and what is a visitors. I wouldn’t have the kids visiting overnight tbh but you are allowed a boyfriend but I’d stay there. It doesn’t matter who accused you. If you’re not doing anything wrong you have nothing to hide.

On the rare occasion I don’t have any kids the dog and I go off to my boyfriends lovely kid free house, it’s a lovely break away from the norm. No one would find anything if they ‘checked’ here I pay all my own bills/food etc he obs has his own house but he stays here occasionally as works from home so easier for him to be there. And I pop over or we go out with the dog. My children aren’t his so he’s not responsible for them and I’m keen for it to be just us in the house the majority of the time whilst they are still young.

How much stuff exactly can they have at your?

I'd probably have a sort out and get them to take their stuff home, as a precaution. It's a good reason for it and they may well have forgotten what's at yours anyway.

As mentioned upthread, there is no hard and fast rule about how many nights a partner stays to determine if you are "Living together as husband and wife" therefore it would make sense to reduce these and not have the kids to stay, then the DWP will have no reason to investigate further. If they see he is there a lot with the kids and there appears to be older kids clothes there etc they will want to check yours and his financial records, bank statements and it will be stressful and invasive.

You have done nothing wrong, you're entitled to have anyone to stay and your boyfriend has his own place.

I haven't read the entire thread but thinking your ex's girlfriend has reported you for benefit fraud is a huge allegation. I doubt anyone has reported anything, frankly, and daresay the authorities do check up on tenants occasionally (though I don't know this).

Whatever, you have nothing to hide.

I think my daughters dad and his girlfriend have reported me for benefit fraud. Is there any way I can find out if it was them or not?

It doesn’t matter who reported you. You’re either committing benefit fraud or not.

If you are, then they’re right to report.

If you aren’t, then nothing to worry about.

[quote cakeinspiration]@entropynow that does worry me because he does keep stuff here for himself and the girls because it's less hassle than them all bringing things over every week - the girls all love their sleepovers and they like having home stuff here, is that going to be a problem?[/quote]
Just keep anything obvious out of sight just in case but I don't honestly think you have anything to worry about.

I had this exact situation.
I had this exact situation around council tax. My partner lived elsewhere within the same district and we both expected to be staying at each other's guest. Mummy enquired about the council tax situation it turned out regular thing we'll both required to pay full council tax and neither of us was entitled to the 25% single person discount even though we were not living together.

In effect we will both required to pay for council tax as though we were a couple at both addresses.

@Karlee30

You are not going to lose your house. Years ago people used to say a partner can stay 3 nights a week but I don't think that's even relevant anymore. It's simply if someone is deemed living with you ie they pay bills, bath and shower at yours and do laundry, keep clothing and other belongings there etc. So amount of days doesn't come into it. Because your partner has his own place I don't think you have anything major to worry about. Is there any evidence of your partner at your flat? Clothes, belongings etc? They may hold that against you if they spot it. Does he park outside? Does he leave the house in the nornings?

But if it was me I would deny it rather than admit he stays sometimes and keep it low key for a while? Maybe stay at his? Tell them he has his own place.

My partner told me someone reported his ex girlfriend (who has kids) for benefit fraud (many many years ago) when they were together and sometimes he stayed there. He had his own place and she denied. Nothing ever come of it. But he did stop staying there... he would go over and leave at 3am. He just as well have slept there but was concerned someone was watching him leave in the morning.

My own mother in law too. She did do the dirty with it though. She had her bloke fully moved in but still claimed benefits as a single parent as her partner was a 'lodger' at someone else's house. She was reported too but somehow she got away with it... god knows how!

I think you just need to be more careful about it tbh!

Very bad advice. If they suspect someone else is living with you they are quite likely to do some surveillance and will soon find out the truth. Honesty is best

SOME OF THE ADVICE ON THIS THREAD IS WRONG.

People who are saying you have the right to have him stay over are wrong. People who say they'll only look at his council tax and see he has another home are wrong. People who say they wont inspect your toothbrushes and drawer contents are wrong. This is Universal Credit, not common sense or fairness.

If you are on Universal Credit there is NO permitted number of nights that your boyfriend can stay without it possibly be considered as living together

It's to do with sharing your household expenses, so even if he has contributed to a takeaway on a Saturday night that could be seen as sharing costs. The fact his dc are also staying over could very much be considered as combining your households.

DWP have warned you they're looking closely so I agree that you need to remove all his and his dcs' stuff and stop the overnights completely for now. If he claims UC too then I'd advise him to do the same.

You won't have a problem at all because you're aren't committing fraud. Someone reported me years ago and the investigators were so nice. My boyfriend also rented another property and paid tax and everything he was supposed to. He wasn't the father of my children and we didn't have joint finances.

My boyfriend used to keep a toothbrush at mine and stay a couple of nights a week. I put this away and made sure there wasn't anything of his at mine. They did check the bathroom - one of them made an excuse to use the loo so it was pretty obvious. They didn't ask to look in the bedrooms.

What they will be interested in is whether you are operating as a couple/family. So whether you have joint finances or if he pays for anything of yours beyond some shopping and a takeaway now and then. Make sure he doesn't have any mail addressed to your property and that he isn't making any regular standing order-style payments to your bank account. Try and keep the sleepovers with the kids to the weekends only and put away the things they have at yours. Can you pack away their stuff into a box and store it under a bed or in a cupboard? You aren't doing anything wrong but it still makes sense to keep things as clear as possible.

God, you've got me thinking who could have reported me again now....all these years later. It was so strange because no-one really knew my circumstances and I guessed it was probably the drunken and chaotic neighbours who thought I was a snooty cow for not joining in with their behaviour.

I doubt you can find out who it was and it doesn't really matter who it was. You've done nothing wrong so nothing to hide.

Oh and if your bank accounts and bills etc are all in your own names and addresses it should be fine

You will be fine, OP. Move all his stuff out, obviously, but if he has his own home and can prove it, they will not be interested.

Just to say, it may not be the case that anyone reported you. Years ago I got quite an accusatory letter from my council stating that they had reason to believe I had another adult living with me and should not be claiming single person discount on my council tax. I was outraged. Outraged! I rang them up to protest and got a weary and apologetic person who said someone had got overzealous and sent the same letter to every person in Waltham Forest who was claiming 25% off their CT.

Until I heard that I was becoming paranoid wondering who had wrongly reported me. Nobody had - that were just shooting in the dark.

@Haffdonga stop being so dramatic. Sharing a takeaway once a week isn't benefit fraud.