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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to lie to tax credits?

99 replies

ObsidianBlackbirdMcNight · 28/05/2009 12:27

Aaarrgh major freak out!

Am on maternity leave. Gave work a return date at the end of august (taking full year) as I assumed 1) DH would be able to find work 2)things would 'be ok' and 3) I'd get income support if DH wasn't working. Just got last month's mat pay.

So...not entitled to IS as DH lives with me. BUT he's not entitled to claim JSA due to visa conditions. So we're high and dry.

DH cannot find more than 2 days a week work. He's not english so no work experience in this country apart from cleaning and labouring with agencies - which has seriously dropped since the recession. He tries - can't do driving work as international license, he's a favourite at the building agencies as is reliable and own transport so he gets first pick - but still hardly any work.

Can't go back earlier as they have someone on a temp contract until I go back.

Have applied for JSA and called tax credits at suggestion of IS people. Not hopeful I'll get JSA as am 'employed' but we'll see. TAX CREDITS decided they have to take away my working element as I'm no longer getting SMP. So calling them has LOST me £50 a week. Even if I get JSA will be £65 a week so only just more than I've lost.

Realised my mistake and tried to take it back but no go - she'd already put it in system. Sooooo.....do I lie about my return date? Say I've gone back in a month? (I get 4 weeks extra WTC so it's only 2 months I've lost) and pay it back next year when I'm working and hopefully DH is too?

How dishonest is that? It's not stealing as I'll have to pay it back. WWYD?

OP posts:
MissSunny · 28/05/2009 13:46

Message withdrawn

expatinscotland · 28/05/2009 13:46

Sorry, I was on ILR, am now naturalised.

Original poster
ObsidianBlackbirdMcNight · 28/05/2009 13:47

MrsBONJOVI
So does that mean I could claim JSA for myself? (NOT for DH by the way everybody!)

OP posts:
SuperWasher · 28/05/2009 13:47

Expat is right about the license too (although the commonwealth thing only applies to some commonwealth not others-dh is from a commonwealth country and had to take lessons & tests)

MrsBonJovi · 28/05/2009 13:48

From direct gov re returning to work early from Mat leave

Your employer must assume that you will take all your maternity leave, including additional maternity leave. If you don?t want to take all of your leave, you must give at least eight weeks? notice that you are returning to work early or if you want to change the date of your return. Your employer can insist that you don?t return until the eight weeks have passed.

Original poster
ObsidianBlackbirdMcNight · 28/05/2009 13:49

MissSunny
yes we did plan, but it didn't work out how we planned.
It will only be these 2-3 months that have gone tits up. And if I get JSA it might not be as bad as all that. All hangs on that really. And I'm not asking for anything more than I would get as a single english parent (which in financial terms, at the moment, I am)

OP posts:
MrsBonJovi · 28/05/2009 13:50

Im pretty sure it does but HEALTH WARNING im not a JSA expert (but am an I.S one)

Ive had a look at the technical guidance on the web and that is what I came up with.

Original poster
ObsidianBlackbirdMcNight · 28/05/2009 13:51

So...again (sorry)
As I am not getting SMP I am free to seek work for the next 3 months before I return to my job (correct?) with no penalty from my employer. So I am a jobseeker. So I should be able to get JSA at the single person's rate.....

[hopeful]

OP posts:
expatinscotland · 28/05/2009 13:51

it does suck to have to pay for a license and stuff. but hey, everyone else has to do it.

we were on DH's min wage job when i had FLR and fell pregnant and i also had to send my passport away for a provisional license (there's no getting out of that even if you go to the DVLA office in person, which i did).

it sort of freaked me out because my visa was in there.

but it went okay.

if you have a valid, full UK license and are age 21+, then you can supervise him - he's not required to take lessons.

Original poster
ObsidianBlackbirdMcNight · 28/05/2009 13:53

OOps CP MBJ
Thanks so much. I know you aren't giving any guarantees of course but it seems to make sense.....

And re driving - will somehow get DH to take a test asap. Did not know that about 12 months regardless of date on license. Thanks for heads up!

OP posts:
expatinscotland · 28/05/2009 13:54

he needs to get a provisional license before he can take the theory test, kat. they need to see both parts of the provisional license when he goes to the theory test exam centre.

so that's the first step.

Original poster
ObsidianBlackbirdMcNight · 28/05/2009 13:54

I do, but have not been driving for 3 years. He will need a few lessons to iron out his bad habits and get up to UK test standard.
Thanks xxxx

OP posts:
expatinscotland · 28/05/2009 13:56

he can still get valuable practice by driving with you in the front passenger seat, though, once he has the provisional license.

Original poster
ObsidianBlackbirdMcNight · 28/05/2009 13:56

Yes indeed.
Thanks for all your help everyone - I'm out to do a few bits but will check thread when I get back.

Ta!!!

OP posts:
SuperWasher · 28/05/2009 13:57

Just to clarify something mrsbonjovi said waaaay back down the page - WTC is exempt from the recourse to public funds stuff because you apply as a couple
page 4

Oh and I know you weren't trying to claim jsa for your dh but someone else suggested you might be able to so I was backing you up that you couldn't

MrsBonJovi · 28/05/2009 14:00

The other thing Kat is that you will always be treated as couple even with your partners restrictions because in essence you are not a lone parent. If you are entitled and paid enough NI in two contribution based JSA and have worked in the last two relevant income tax years (07/08 and 07/08 at the mo I believe) then you may receive £64.30.

If your partners visa shows he has recourse to public funds but just has work restrictions you MAY be entitled to some extra money for him (from the income based element) It will of course take into account his wages.

Its complicated..really complicated... so put a claim in today and be prepared for the fact it will not be quick.

I strongly recommend you seek advise from the CAB and given your circumstance I think their welfare rights officer will need to look at your case.

expatinscotland · 28/05/2009 14:00

get him hte provisional and then passed the theory test asap so he can get a slot for the practical before all the secondary school people are out for summer holiday and the test centre gets busy (can't sign up for the practical until you've passed the theory test)!

Original poster
ObsidianBlackbirdMcNight · 28/05/2009 14:01

Have had a brainwave.....why don't I actually get another job? No reason why not! I've got more earning power than DH anyway - why does it need to be him? That never bloody occured to me!

OP posts:
expatinscotland · 28/05/2009 14:02

'If your partners visa shows he has recourse to public funds but just has work restrictions you MAY be entitled to some extra money for him'

He is on FLR(M). No restrictions on work, but no recourse to public funds.

Original poster
ObsidianBlackbirdMcNight · 28/05/2009 14:03

MRSBJ I know we will be treated as a couple - no prob with that at all except that if we were NOT, and I was a single parent, I'd get £X per week which I'm NOT getting because I have an unemployed P! I don't plan on pretending I'm single but if I was....y'know. I'm not trying to get anything over and above that.

OP posts:
expatinscotland · 28/05/2009 14:05

It is always so stressful before ILR. Hope it goes smoothly.

Back when I got it (2003), you could apply up to 5 weeks before your FLR(M) expired, so it's possible he could apply a bit earlier and hopefully get it processed sooner rather than later so you don't have these worries anymore.

Then I would strongly suggest saving up to naturalise the year after he gets the ILR because the government is trying to make it harder and harder to stay without naturalising.

Also it will all be hella lot easier to just write 'British' in the nationality section of all forms and not have to explain, send copies of the visa, etc.

trixymalixy · 28/05/2009 14:24

Haven't really read all the posts.

In order to claim JSA you have to be looking for a job. You have a job, so you can't look for work.

Forget about your mat cover, you are entitled to go back to work whenever you like as long as you give 8 weeks notice, so I suggest you do that now and that's August covered.

Whatever you do don't lie, it'll only make things worse, you could be prosecuted.

Original poster
ObsidianBlackbirdMcNight · 28/05/2009 14:36

Why can't I look for work? Nothing is stopping me from working for the next 3 months is it? I wouldn't be penalised by anyone for getting a job until I go back I don't think?

OP posts:
CarGirl · 28/05/2009 14:37

I would write to work give them 8 weeks notice and yes in the meantime try and get a job even part time.

Stigaloid · 28/05/2009 14:45

You can go back to your current job - if they have a temp then all they need to provide is one week's notice. It is your job and you are entitled to return when you wish. At most is may be one month's written notice but most temp contracts are one week only. I'd return to your normal job rather than try and find a temporary one.

Good luck