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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
expatinscotland · 28/05/2009 15:16

And your DH can look after the wee one!

ObsidianBlackbirdMcNight · 28/05/2009 15:30

She's not a temp - she's on a temp contract but it's different to being a temp through an agency. It's social work so temps still have contracts.
I'm going to look for work now. I'm also going to fight for JSA as anyone would get while they are seeking work.

Wish me luck!

OP posts:
ilovemydogandmrobama · 28/05/2009 15:40

Has the driving license been sorted out?

An American friend of mine used to leave the UK every 6 months so she wouldn't have to take the UK test and could drive legally on her US license...

Not sure if this was OK or not...

(and then she failed the UK test which I thought was very funny as she was a bit stuck up...)

expatinscotland · 28/05/2009 15:45

Still not okay, ilove, because she was on a residency visa.

DVLA is specific about that.

And easy to catch out as the visas are date stamped.

But LOL!

I passed my test first time.

NO WAY I wanted to pay that 40 odd quid again.

snigger · 28/05/2009 18:58

Can I just ask - how many weeks SMP did you receive? You still ought to receive WTC while on mat leave up to maximum of 39 wks - did it exceed this, is this why WTC ceased?

If less than 39 wks, you're still entitled, you're still employed.

trixymalixy · 28/05/2009 19:38

Have you actually asked your work if you can go back early? if you explain then they might let you go back early without giving 8 weeks notice?

trixymalixy · 28/05/2009 19:58

Also there may be a clause in your contract that stops you workig for another employer when employed by your main employer so you'd need to check that out.

laumiere · 28/05/2009 20:27

kat Get him to go for security jobs, they're doing really well in the recession and have a lot of exp with visas. Also the SIA licence will help with the visa process as you do police checks etc. My DH interviewed with no exp in security, started work in 2 weeks and 3 years later is a supervisor. It is shifts but pays pretty well, esp if he can do overtime.

tory79 · 28/05/2009 21:19

I am no expert in benefit related stuff, however, regardless of whether or not you are in the paid period of your maternity leave, you are still employed so I don't see how you could possibly claim JSA.

ObsidianBlackbirdMcNight · 29/05/2009 17:35

Thanks for the suggestions everyone. Security is a good idea. I've just called and applied for jsa, i am a jobseeker as i'm not being paid from my current job so hopefully should get jsa! Have interview on monday. She also said i may get maternity allowance but i'm not sure. So good news all round and no need to lie to anyone thanks for all your help! X x

OP posts:
mrsjammi · 29/05/2009 17:41

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mrsjammi · 29/05/2009 17:42

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ObsidianBlackbirdMcNight · 29/05/2009 19:53

Thanks mrsjammi i'll call them next week and ask them about it. That's what i didn't understand because my wtc award was for the year and paid weekly, so why should it stop now? Surely i'm entitled to that amount for the year based on how much we earned this year and last, so it shouldn't stop at all i don't think.

OP posts:
LesbianMummy1 · 29/05/2009 20:16

ring tax credits and ask last I knew they deducted £100 a week for all weeks you were on maternity pay in previous year update your annual declaration and you may be ok after all

on page 24 of renewal pack for tax credits it says Statutory Maternity Pay if payments were more than £100 just enter £100 if they were less enter the amount you received these are in step b which are deductions from your annual income therefore if you were on maternity leave for most of last year (8 months is it?)you will find you can deduct 8 months of earnings

snigger · 29/05/2009 20:22

Mrs jammi, that's only correct if the SMP lasts less than 39 weeks - after 39 weeks, if you're technically on unpaid leave, you are no longer classed as employed for tax credit purposes.

mrsjammi · 29/05/2009 20:35

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mrsjammi · 29/05/2009 20:38

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mrsjammi · 29/05/2009 20:43

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snigger · 29/05/2009 20:58

That's what I meant - the 39 weeks includes additional leave, any leave after 39 weeks does not attract SMP, and therefore employment status changes for TC purposes.

mrsjammi · 29/05/2009 21:00

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gem1jess · 10/07/2009 13:11

However.....their website also states 'Any further leave - paid or upaid - after the 39 weeks doesn't count as being in work. So you may not be able to claim or continue receiving WTC for this period UNLESS YOU HAVE A PARTNER WHO IS WORKING 16 HOURS A WEEK OR MORE' I checked up on this after being told by them that I would not be eligible if I took unpaid leave.However it clearly states above that you can if your partner is working!!! Thought I would post this as they dont tell you this & having a dilemma myself!! Good luck!!!!

katiestar · 10/07/2009 16:34

I would lie and if you get caught out (very unlikely) say you had a chage of heart and decided not to extend your ML

sameagain · 10/07/2009 16:46

You can change your mind about when you want to go back here

Definitely call your creditors - they will be sympathetic if they know you will be earning again in the next few months, you should be able to get any reputable lender to accept interest only if only for a short term

CyradisTheSeer · 10/07/2009 16:49

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