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Another one UC but long story!

8 replies

SaritaBella · 16/02/2024 14:35

Hello.
I'm single, living with my two kids.
Just would like to ask what it looks like to you, as my work coach not much of help. As I've explained my situation when I had my appointment, she offered just to get in touch with womens aid(but i dont need no help?), and asked if we live together - make a joint claim. Before you judge me, hear me out. Long story short,main things -
I've split with my kids dad three years ago. My oldest is 5, and I have a two year old (got pregnant, before I knew, we've split. I kept a baby, my choice). Two years or more I haven't been in contact. I guess I was overwhelmed, angry and selfish? (He was talking to kids only via phone). He got re-married back in his country. Has other kids.
Just recently I am allowing him to stay (I wouldnt allow no contact before that as mentioned before, but I feel guilty forbidding seeing the kids, I felt that he doesn't deserve them), mainly my son is asking to see his dad. So after two years, I'm allowing him to sleep over and spend time with children. My oldest is fully aware that we are not together, nor we sleep together, we have a very diplomatic relationship.
He does not contribute towards household but would bring clothes or sweets to my boys, or dinner that they would make together. He does care about them and contributes generously directly to them (compared how it could be, or what I've heard). No official CM just an agreement. Other than that he doesn't pay for anything else,and would care about his life back in his country. When I work, I allow him to stay a week and then he goes back to his own room, or house for some days, not even sure where he lives or what's the situation, he wouldnt enclose to me. I have address as such but no details. I assume renting a room. Nor it's my business,I don't ask. Now. He has a wife back i his country. So trust me, by no means we're together. I was naive back then, don't need more lessons about this. This is long time ago, healed wounds. We both moved on. He can get a suitcase and dissapear at any time, for what it matters to me. He works here to contribute and build a life back in his country( Id think), sends all his monies there. Situation is appaling but I would not want my sons to think im forbidding the relationship. But there's no easy way here.
The question - would this be classed as I'm commiting fraud? I would not trust him taking my kids over to his place, room or whatever nor around the people he is with, or smells of skunk. He is allowed to see them only in my house, he is allowed to sleep over in their room, with my permission when I'm allowing and arranged with me. Would not allow my children to be taken away, as I wouldn't trust him. Nor i want my kids around his circle. He is not European national. Our relationship and conversation is strictly about children. Nothing else. However selfishly it does help me towards childcare when I'm focusing now to stand back up on my feet.
So, what does it look like regarding uc rules? My work coach not much of a help.
This situation regards kids suits me and I don't want to change it in any way, at the moment. We'll never be living nor as a couple but for the sake of kids we're behaving in a mature way. And this is how I'm set for now. It works for me, even if he flies and visits for two weeks on and off.
But where does it leave me not getting into trouble ? Is there a legal way to go around this? I'm not sure.
Anyone, maybe, by any chance, have been in a similar situation ?

OP posts:
Babyroobs · 16/02/2024 14:41

Stop allowing him to stay over, you are not even together it's not worth the risk. It is likely not fraud if you could prove he rents elsewhere, has his own bills elsewhere etc but could you actually prove that if asked ? Why can't he just take the kids out for the day to see them rather than jeopardizing your single claim. There is absolutely no need to have him staying at your home for a week at a time.

DamnUserName21 · 16/02/2024 14:42

It could be construed as fraud. You have to gather evidence to prove otherwise. Does the ex have a lease elsewhere? Marriage cert to other woman? Proof of bill payment at another address?

It's nice that the ex stays over and helps with the children but don't be too accommodating. It sounds like the ex can bounce in and out as he sees fit and look who might get into trouble for it? You!!!

Lougle · 16/02/2024 15:16

Babyroobs · 16/02/2024 14:41

Stop allowing him to stay over, you are not even together it's not worth the risk. It is likely not fraud if you could prove he rents elsewhere, has his own bills elsewhere etc but could you actually prove that if asked ? Why can't he just take the kids out for the day to see them rather than jeopardizing your single claim. There is absolutely no need to have him staying at your home for a week at a time.

Edited

I absolutely agree with @Babyroobs . You have no need to allow him to stay and he shouldn't be staying. Then nobody could accuse you of anything. Get CMS set up.

Mrsttcno1 · 16/02/2024 15:22

Agree with other posters, yes this could easily be seen as fraud.

He is staying over, providing “generously” for your kids (whatever amount that means), given that the oldest is 5 what that actually translates to is giving YOU money/the household money. If he is staying there for weeks on end, looking after the children, buying meals for the household, eating meals “as a family” for example, then yes it’s going to be fraud and it will be you who is fined.

TeaKitten · 16/02/2024 17:52

He doesn’t need to sleep over, he can spend time with the kids and then leave. There’s no justification for letting him stay. Why does he need to be there when they are asleep? You are being naive right now and could get in trouble for it.

AnotherEmma · 16/02/2024 17:55

Are you claiming the single person discount on your Council Tax? You might not be eligible for that, either.

It's just not a good idea for him to stay over so often and for so long, on many levels.

LadyLapsang · 16/02/2024 20:29

You could have written it more simply.

I have two children with my ex partner, aged 5 and 2. Since we split up he has got married and had children with his wife. He pays no maintenance for our children although occasionally he buys food or clothes. He spends some time in the UK and some time abroad, where his wife and children live. I am currently allowing him to stay overnight in my home.

Does he work, is he a student or how is he claiming benefits? It sounds like taxpayers are subsidising this agreement. He is not paying towards the care of his children with you. Why don’t you submit a claim for maintenance? My suggestion would be let him spend time with the children but not stay overnight.

Bromptotoo · 17/02/2024 14:14

I agree with @Babyroobs. A week at a time is too long. I don't think a charge of fraud could be stacked up but if somebody 'dobs you in' and says you are living with a man you'd have truckload of work refuting it.

The real test is whether you live together as a married couple. DWP have loads of guidance on that and I don't think letting him stay with his kids when he has a place of own, a spouse/other kids abroad etc would meet that. But the way your Job Coach is reacting is a clue as where it could go.

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