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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to want my partner to claim tax credits as we'll get a higher rate than if I do?

76 replies

Ginni · 08/05/2009 21:57

We don't live together so by their criteria we are both single parents. DD is always with me currently as i'm on maternity leave, and we spend just over half the week at mine, and the rest at his house. When I return to work we're planning on using a childminder and spending most of the week at his house and weekends at mine for convenience. The form says the main person responsible for dd's care should apply - AIBU to want him to claim as he earns less and we'll get about £7000 more p/a including childcare component? I should clarify he is also dd's biological dad.

OP posts:
Mutt · 08/05/2009 22:00

This reply has been deleted

Message withdrawn at poster's request.

mascaraohara · 08/05/2009 22:01

I thought that it was based on household income.. so you should both declare your earnings

FluffyBunnyGoneBad · 08/05/2009 22:04

If you are spending the week (not weekends) at his house then you are living together as a couple. Tax crdits are based on the household income, yours and his together. It's benefit fraud to say your dd lives with him, him being a single parent, so you can get more benefits.

goodnightmoon · 08/05/2009 22:04

you are a couple with two homes - you absolutely should pool your earnings to qualify for any benefits.

hobbgoblin · 08/05/2009 22:05

It makes no financial difference who claims. The claim is joint.

tiggerlovestobounce · 08/05/2009 22:07

Yes, it doesnt make any difference, it the total joint income that counts.

Sorrento · 08/05/2009 22:10

Please do not fall for the urban myth of up to three nights a week are allowed for you not to claim as a couple.
If the school/neighbors/family and your DD would count you as a couple then you are.

hobbgoblin · 08/05/2009 22:10

And the person claiming her child benefit really ought to claim I think. If you say DD lives with her father then it's fine for him to claim, but you then can't and you would also logically transfer the CB claim to him.

TheCrackFox · 08/05/2009 22:16

But you do live together, you just have 2 houses.

Have you thought about becoming an MP? You have the right frame of mind for it.

goodnightmoon · 08/05/2009 22:18

totally!

Original poster
Ginni · 08/05/2009 22:33

I don't get it, my mortgage is soley in my name as is his, we don't jointly own anything, house or otherwise. I am registered with the GP, library etc here, and on the electoral role at this address, as is he at his address. By the definition in the info they sent me it clearly gives the definition of couples as living at one address. When I am at his house I don't see it as living with him, i'm staying over, and vice versa. We do not live together. Of course we spend a lot of time apart eg I spent two nights at his last week, he hasn't been here for about two weeks and I haven't seen him otherwise besides then, but he is coming over this weekend.

OP posts:
hobbgoblin · 08/05/2009 22:37

Yes, I understand what you are saying and hence your confusion. However, the point is this is a tax credit for parents. If you are claiming the CTC as well as WTC then that person claiming both those benefits needs to be living with the child. If you are saying you both live with her, fine but you need to state one of your homes (the one you all live less in as a family) as an asset, i.e. holiday home or whatever.

It is equally fine claim WTC, either of you as two individuals not living together but you can't claim as a family for the purposes of the CTC. She lives with one of you or both of you - which is it?

Mutt · 08/05/2009 22:39

This reply has been deleted

Message withdrawn at poster's request.

hatesponge · 08/05/2009 22:41

Sorry I think YABU - as has been said you are a couple, however you want to dress it up as 'staying over' at each other homes and frankly if you can each afford to own your own homes I really can't see why you are worrying about playing the system trying to claim the maximum tax credits

FluffyBunnyGoneBad · 08/05/2009 22:44

In law, it's irrelevant who's house spend time together at, the fact is that you spend time together, as a family, under one roof (doesn't matter who's roof). You are a couple!

Original poster
Ginni · 08/05/2009 22:54

hpbbgoblin could you clarify - am I understanding what you are saying correctly - we are unable to claim as a family for the purposes of CTC as we live separately so we must decide which one of us dd lives with, that person claims CTC and WTC and on their application form lists the others home as an asset (even if their name isn't on the mortgage and they don't pay anything towards it?).

To everyone else you might want to check the tax credits own definition of what a couple actually is and to them we don't qualify as one.

OP posts:
fledtoscotland · 08/05/2009 22:58

YABU

my DH works for HMRC and he has just said that they will check. if you are a single parent you will be expected to claim child support from your DDs father.

if you get caught its your own fault. am sorry but people like you really get my goat as you make the system unfair and take money away from those who really do need it

Mutt · 08/05/2009 22:58

This reply has been deleted

Message withdrawn at poster's request.

PrammyMammy · 08/05/2009 23:01

can you not just call the IR and ask them what you should be doing?

hobbgoblin · 08/05/2009 23:03

Well, yes...and no. To be honest, I'd decide who has 'residency' of DD - probably the person who claims the Child Benefitr but not necessarily. It's between the two of you how you spend time together on a personal level, but for the purposes of this you need to decide whether she lives with one of you or both of you. If you decide it's both of you then you will need to decide at which address. The 'unlived in' property then becomes a second home and would therefore be an asset.

If you decide that although you are both very much involved with her parenting but that on the whole she lives with you then you will make the claim as her mother for CTC, plus WTC if you work 16 hours or more. Your partner can then do whatever he likes in his own right as far as making any tax or benefits claims for himself so you won't lose money as individuals.

What you can't do is live separately as a couple. One cancels out the other.

I think if I were in your shoes I'd be claiming as a lone parent living in my own home and leaving my partner's finances out of it. You co parent but don't co habit. However, if you begin renting out your home or effectively living with your DP permananently then of course you'd claim jointly.

You will shoot yourself in the foot if you claim as a family but with two residences I think. Simply because of the savings/assets issue.

FairLadyRantALot · 08/05/2009 23:07

how do you work out 7K more, if he claims...like others said you claim as a coulple..
tbh, tax creds are a pile of shite....they gave us, in the end £40 ish a month, for 3 Kids, which is simply not worth the papaerwork....

GlastonburyGoddess · 08/05/2009 23:09

reading the tax credit rules. you will have to claim child maintainance from him if you are going to claim as individuals. if you dont and WHEN they find out, you will have been overpaid tax credits and liable to pay money back to them.

GlastonburyGoddess · 08/05/2009 23:12

fwiw, tax credits are hassle but i dont think theyre a pile of shite(despite previouslay being overpaid WTC and having to repay them. we both work dp full time myself part time with two kids and get £142 pw combined. better than a poke in the eye

hobbgoblin · 08/05/2009 23:18

And afaiunderstand it, maintenance payments do not affect the award. They used to affect HB and JSA/IS awards but the rules have changed now on that too.

Sorrento · 08/05/2009 23:20

They will burn you alive if they catch up with you, you are a couple if you shop together, you attend family events together, if you attend your child's school play's/fete's etc together.
If you are not claiming child support for your DD and have another on the way (proving you are in a sexual relationship with this man) you'll face a criminal record, maybe prison for fraud.

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