Tax credits during divorce help needed

[Confusedmummy2017]

Hi,

Please can anyone tell me about tax credits. I am filing for divorce on unreasonable behaviour i am going to have to represent myself as i can't afford a solicitor.

We have not been in a sexual relationship since last november and i have been sleeping in my sons room since feb this year. I do mine and the kids washing, he does his, I cook for me and the kids and buy our food he buys his. It is like having a really annoying lodger you don't want in the house, we do not socialise together or even talk to each other.

My question is can i claim tax credits whilst he is still in the house? He has refused to leave so will stick it until he has to go. I have the divorce application ready to send tom. I don't want to break the law so just checking what i can do it's just im struggling to pay for things like food for me and the kids as he is not financially supporting us. We are not entilted to tax credits together as he earns too much but i am a part time worker and dont earn alot.

Thanks

Tax Credit Office often ask for proof that he isn't living there, which obviously you couldn't do, but they must have come across this before.

Your best bet would be to telephone them and explain the situation. If you don't have any joint finances and are getting divorced I guess that's your proof.

Sever financial ties - joint bank account, bills, you can 'list' a date of official separation at the solicitors. Send a copy to TC. .

Submit the divorce petition, it's fairly cast iron proof for the TC office that you are no longer in a relationship even if living under same roof whilst things go through

I called them under similar circumstances. Was told that so long as we have separate finances and sleeping arrangements, then it's ok. We do have a joint account just for household bills, that is ok too.

I also put this in writing to them to cover my back. They wrote back saying that they do spot checks for compliance, so as long as you can prove this sort of stuff if they ring your doorbell, it should be fine. I have evidence of starting divorce proceedings, sleeping in separate rooms, own bank accounts for example.

I spoke to someone on the online chat from tc they said they could not advise me if I could apply as a single person because we have some bills joint. So water is still in joint names but should be easy to remove me & council tax is in joint names but not sure they can separate that bill and the mortgage is joint until we sort out finances. He is refusing to leave the house so lives like an unwanted lodger! We have never had joint bank accounts anyway and glad we didn't but now I don't know what to do!

All our bills are joint! Apply, then send in a letter explaining the situation and they can follow up if there's a problem. If I can work out how to, will add a copy of the latter they sent me.

OK, the letter said;

Although you spend time in the same household and continue to have joint financial commitments you are able to claim as a single person if you are no longer living as husband and wife.

Hope that helps.

Thank you very much. I called them before you had replied and the lady said I can't until he has moved out or the divorce is final! I'll do what you said I've requested a pack from them and I'll send a letter. What did you write in the letter to them? Just explain everything? How long ago was your application could things have changed? As if life isn't difficult enough! I can't bear living under the same roof I hate it he has just been ranting on at me before I left to go to the gym and I can't access his money he is no longer paying for things we need so I can't afford to live! Thanks again

It's even in their own manuals

www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm09350

Two people formerly regarded as a couple may sometimes continue to live at the same address for financial reasons. This may be because:

one of them is unable to buy or rent suitable accommodation
the property cannot be sold, or there would be a significant penalty to pay if they redeemed any mortgage.
Where a person is still living at the same address as their ex-partner consideration should be made as to which aspects of their financial or domestic circumstances have changed.

Example - married couple, separated

A married couple whose relationship has broken down continue to live in the same house as they are currently unable to sell it and neither can afford to rent or buy other accommodation. In the meantime they live separate lives, no longer socialise together and their friends do not consider them to be a couple. They continue to jointly pay some household bills but pay for their own food and other personal items. They haven’t yet started divorce proceedings but do not intend to resume living together as a couple. Despite living in the same house, they should no longer claim jointly from when they became separated in circumstances likely to be permanent.

Thank you everyone. You've all been very helpful.

I've just had mine stopped for this reason. I had been claiming no problem and then when I renewed in April I received a letter stating that they believed we were still living together as a couple. My solicitor has written with all the dates etc but I'm looking at having to pay back a significant amount while the appeal progresses. Good luck.

You can also legally change your name back to your maiden name (if you want to) at the solicitors for not too much. That is a good way of showing intent to divorce and you can send TC a copy of that.