Do I get tax free childcare in this financial situation?

[Eleven12]

ex lives in a different house. I earn 70k so I am under the 100k threshold but ex earns 120k and pays 1,200 maintenance a month. We kissed at Xmas and considered getting back together, we are not together though. I am very literal and have terrible anxiety and now I am worried that I shouldn’t be claiming the tax free childcare? I have called hmrc and they said it was up to me to interpret the guidelines according to my situation and when I explained we had a brief couple of weeks trying out the relationship, the advisor said I would have to look at the guidelines again to work out if the tax free applies to me. He wouldn’t give a firm answer. I am worried I am going to be chased for repayment? Does anyone know?

You are not living together as a family. You are fine.

If he moves back in then you will stop being eligible but it’s fine now.

@Merryoldgoat thank you. So actually even if we were in a relationship then it wouldn’t matter because we don’t live together?

I think this would depend on the custody situation. if it's 50/50 i think it would be different to visitation only but really struggling to find advice on it which is odd.

You may be able to speak to him about adding extra into his pension so it brings him under the 100k bracket

Correct. It’s about how your household is run/managed in essence.

Couples with 50/50 can still claim.