Is this benefit fraud?

[ahzixy]

I recently have gotten back together with the father of my kids. We've been seeing each other and he's been staying over at my house. I claim housing benefit.

He doesn't pay towards any of my bills and I don't to his either.

We've always had an agreement between the two of us that he pays £200 per month in child maintenance. That is all he pays to me. In times I have borrowed money like small amounts( but I also do this with my mum and that doesn't tie us financially)

His car is registered at his house, all his bills etc, his work has him as registered at his house.

My name is on my wifi bill, phone bill and I have pre paid metres under my name.

He pays all his council tax etc and gas and electricity which in his one bed flat cost £70 combined but he's paying of a huge debt so he pays £300-400 a month to that.

Things like days out etc or new things for the kids we do go half.

I've also gotten him things through catalog credit like very and Argos since his credit is bad so every other month he will bank transfer money for that but he labels each transfer (I know that doesn't hold much)

We have 3 kids together and he is over often and on his days off takes the kids to and from school.

My close friends would say we are seeing each other but neighbours I exchange polite exchanges would say we are a couple.

I know it's nothing to do with nights spent here it's about finances. I have a lot of proof he pays nothing to my house.

The only thing is I use his Netflix. But before this I used my best friends nextflix too I only changed to his to not lose my place on shows.

The only thing is he's so tight with money even before seeing me he never had wifi. We can prove this also. But to me that looks odd no wifi.

He's also the cheapest person I know with bills. He refuses to have heating on, does washing at his parents house and showers at his gym. Making his bills as low as possible.

My downstairs neighbours told me to my face in April they've reported him living here. Nothing at all came from this so surely it's not fraud??

Is it fraud?? I'm terrified I really don't like this situation and want to get him added asap but we literally couldn't afford to live if he did with his huge debts and until he sells his house.

If you are a couple, I don’t know, if you are a couple and he is the father of your kids, aren’t you just a normal family with two houses?

He's living with you. All the detail around what he pays is pretty irrelevant. Sounds to me like he's living off you (the state?) for free. You should make any benefit claims as a couple not as a single person living alone, because you aren't one.

Would suggest he starts paying his way.

How often does he stop over?

Stay as you are. You’re allowed in each other’s houses to co-parent. You’re both paying separate rent and bills.

How do the downstairs neighbours know your business?

The person who will end up in Court for benefit fraud is you, not him. Think about that for a moment. It doesn’t matter that he isn’t paying into your home. It’s whether he should be. That’s what they’ll look at. Do you want to risk a criminal record? I wouldn’t.

I can’t see what they would go on?

@OriginalUsername2 they don't work and stalk my every single movement. Reported me for nosies and it got disproved, the noise being the kids footsteps
Then reported me for having people moved in a few times when frriends came over etc.

They are literally obsessed with everything we do

his car and other bills need to be switched to his house. You being a couple is irrelevant. If he lives in a separate house (I.e. pays for furnished council tax) but visits you some nights a week, then it still counts as living separately and you can claim separately. It’s not fraud, but it would be if he actually was living with you and pretending not to. You may want to speak to citizens advice so you know how to claim properly.

How often does he stay over?

@drkpl his bills and car are alll at his house. Sorry if I wrote differently before. Nothing at all to him is at my house. I'm not in his insurance claims etc or anything.

@pjmasksitsthepjmasks I was told by someone who works at dwp it doesn't matter how often someone stays.

It's different each time like last week he had a week off work so stayed that. Others hes away for work and gone for a week etc. it's never the same.

“I can’t see what they would go on’

Depends how often he’s there. It’s it’s virtually every night then yes it looks bad. OP can be called in for questioning by the benefits agency. If they suspect he’s living there they can still take her to Court. She can plead not guilty but then it will involve a trial and banking on the magistrates believing her and they don’t often go against government agencies.

If I was to stop him staying over and sending him home at nights could i still be considered fraud or because it's in the past would it not be counted?

How often does he stay at his own house? Obviously if he’s away for work he won’t be staying at yours but that’s the case for any cohabiting couple where one person works away regularly. But they are still classed as living together.

Why don't you call the DSS and ask them? Or fill in the change of circumstances form. If your benefit is affected they will tell you.

If DWP have said that the amount he stays over does not matter, then go with their advice. I just had a quick Google and what you were told is correct.
People often mention a "3 night rule" which is bollocks too.

Your bills at your home are in your name, and his at his home are in his name.

I have know people that were convicted of benefit fraud for not declaring a partner... but their partner was living with them, and did not have their own home/bills elsewhere. They tried to claim they were lodgers, when they were actually a couple. This does not sound like your situation at all.

I don't 'see how this is fraud at all. Imagine this was a new bloke, not your ex. What are you doing wrong?

However. And I know this isn't what you asked, but I think you really need to open your eyes a bit. Re-read your own posts, he's not someone I'd want to tie my life up with.

If I declare this change will I be looked into or will it just be taken as a change? Or will they try and prove he's lived here previously?

@XenoBitch yeah he is running his entire house. All bills paid etc and neither of us pay each other

Only thing that worries me is we send each other money all the time for things for the kids but we title it that in bank statements

You're entitled to receive CMS from him and you're entitled to have him in your home to co parent the children. The money he provides for his children does not count as income for your benefit claim (if it did, it would be yet another reason for men to try and justify paying less!) There is no one single test as to whether you're classed as a couple, but if he has his own property and you have separate finances, including seperate bank accounts at different addresses and he has a separate permanent residence that he is paying bills on, then you're not cohabiting as a couple.

A separate question would be why you're with someone who sounds like a bit of a freeloader - especially with how he treats his parents!

If he can prove he live elsewhere then it might not technically be fraud, but it’s not exactly in the spirit of the benefit system. This man can afford to support his own three children but chooses to let you take the risk of being investigated for benefit fraud so that he can have access to both a single life and a family one at his convenience. What a gem.

If he has his own rent/mortgage, utility bills and council tax you are not classed as a couple. It doesn't matter how many nights he stays over.

@CaptainMyCaptain is this why when my
Neighbours claimed to report me nothing happened?

Would we pass and nothing else would come of it?

There’s a good chance somebody will report you as living together, your home will be under surveillance for some time until they see a pattern of him staying with you every night/living with you. They will looking for a man of your DH’s description, they focus on height as this is not something you can alter such as hair colour. Do you want a life where you are looking out of your window wondering if there is a parked car with someone in it monitoring your household movements?

I work for a council this isn’t fraud you have a house, he has a house and both paying bills for each house. The investigation would check your both registered at separate addresses end of investigation. If he wasn’t they’d check social media etc and then come to you with their findings and it’s would be up to you to prove he lives elsewhere. It’s not fraud and also there’s no 3 night rule