Am I in trouble??

[sleepover]

Am worried.
EX DP and I decided to split last may 2009. We ahve 3 kids(eldest aged 9 from my previous marriage)
We decided not to tell the kids just then as he had just accepted a job overseas and they were a bit wobbly about that, and we thought that telling them about a split wouldnt help them any.
I set the wheels in motion to claim child tax credit as a single person and not as a couple, and that was in place almost immediately.
EX DP came back at Christmas, and then decided to terminate his contract overseas, as had missed the kids too much.
He continued to pay the mortgage and all bills(as he had when he was away) and also gave me maintenance for the kids(I am unemployed) on the understanding that he would not be so generous when I was in employment(which I will be in Sept)
When he came back at Christmas he stayed here(we have 5 bedrooms and he slept in the spare room -which he had for a long time, so nothing unusual to the kids there)
He then got a job in London, which he has had since. He comes back every saturday morning to see the kids and goes back every sunday afternoon(still in the spare room)That has been since Christmas 2009
We ahve decided to try and make things work now, and I have rung the child tax credit people to say that I no longer want to claim as a single person, but as part of a couple. They asked me how I had supported myself in the time that he was gone and I told them the truth, CTC and Child benefit and payments from EX DP.
They explained that CTC would stop etc and they would be in touch.
Got in tonight and there is a letter from them. Basically asking for more info regarding any income or benefits I may or may not have been receiving.
I am worried because the forms reference is 'impCourt' - does that mean impending court???
I realise that I have been very lucky in that my EX DP/DP has been so generous. Nobody asked who was supporting me originally, and I really didnt see that I was doing anything wrong.
Was I?

I have visions of being chucked in jail and not seeing the kids.

No, no, they don't send you to jail. They may ask for money back, but usually they claw the money out of future CTC payments (or whatever Tories will bring in to replace it). Plenty of people end up getting overpaid because their situation kept changing too fast.

The CTC system is messy and unworkable precisely because of situations like yours that keep changing. Just get together the sums (and documents that show it) of where your income came from where over the whole of last tax year (and keep tabs on what's happening for this financial year). They will go on final last-year sums for your future CTC awards.

I hate to say this but I think yes you may well be in trouble, you will probably only have to pay it back but who knows.

Look at this way, you say you had split, now I am in no way questioning your honesty here BUT, he was still supporting you as a full time partner paying all the bills as if he were living there and still supporting you as a couple. The fact he was working overseas is irrelevant, you were still functioning as a couple, many copules have to do this day in day out, they still have to delcare as a couple.

He then returns and proceeds to live at the house again paying the bills as he was the breadwinner. He then got a job in this country in the city. Again nothing out of the norm there even for regular couples. Hubby works during the week and commutes home for the weekend saving the long drives. They are still a couple but still only see each other weekends.

Now you have decided to get back together, wtc always look at these cases with suspicion as people pretend to break up for some extra £££ and then get back together.

Not saying this is what has happened here. But you have been claiming as a single parent when technically you haven't been. He has still been supporting the household as the full time bread winner, returning to your house as home the only difference is he has been working away during the week or for a short stint abroad, does not make you a single parent.

You can tell tax credits you were in seperate rooms etc, but I don't think that will cut it at all. Plus if his bills etc are still all in his name, post going there you are bang to rights with him using it as his home.

Sorry if that is not what you wanted to hear.

Op I have been looking for you at similar threads over on MSE and there have been plenty.

I would go over to the benefits board there, it seems if people fess up then TC take the overpayment back, things only get serious if you try and cover to CTC think you are lying and rule against your version of events.

There is loads of threads exactly like this where people split up etc.

I think the red herrings here are that one you say you have split up, but do you have proof? Was that a verbal agreement between yourselves as you seem from the op to still be doing things very much as a couple.

2nd red herring is he has worked away. Like I say many couples do this, does not mean they are single. The OH still supports the house and uses it as a base, that's a couple.

As an objective person and if I worked for CTC, how I would see it from reading your op is.......

You don't have a job, hubby goes abroad so you declare as single person, thus bringing in more money in benefits.

He continues to support you as a family, he is just on a stint abroad, he then comes back home to live, gets another job.

He then commutes during the week and returns home on the weekend, still supporting the family and still returning home.

You then have decided you are returning back to work in September so delcare youself now as "back together".

See what I mean? Pick out all the red herrings I would suggest you get advice as to what you are going to do, as in proper advice from CAB, to advise you on how to play it.

To be honest, I think it would be extremely difficult for the tax credits people to prove that you and dp were in an actual relationship involving sex (if that's what they wished to do, that is- I don't know how they operate) etc - nigh on impossible in fact.
I mean what can they do, DNA test the bedsheets (sorry to be a bit crude, it's just proving the point, that's all)

BUT...
The actual nature of relationship with dp may not be an issue. I think what would matter is that you were receiving money from other sources and weren't declaring it- in other words, your best mate could have been giving you money and it would still matter IYSWIM.

It's not the issue of a sexual relationship Marantha. The lodger debate does not come into it neither.

He is her partner, father of her children, breadwinner. He is co-habiting with her as family provider.

They had a verbal agreement that they had split nothing else. In the eyes of the law and the govt they are still very much a couple and he is very much family provider.

He has paid all the bills as if he never left. Technically he hasn't he has worked away from home for stints then come back to live, spare room or not he lives there as the provider for the household.

All the tax credits office need to prove them as a couple co-habiting is bills and evidence from Experian which they use and will have, she is bang to rights.

Which is why I have said on another thread she MUST, MUST get legal advice from somewhere.

I only know so much as this is banged into us constantly, regardless if your hubby is away for 6 months or only sees you every few weekends and is living in another part of the country, if he is still returning home when works allowed and pays all the bills etc you are a couple NO claiming SINGLE benefits, it's fraud.

Rawife Yes, agree the existence of interpersonal, sexual relationship may not be here or there. It's the money provided that counts.
Agree that OP must, must seek advice from somewhere in rl.

A number of things are taken into account when determining whether two people are a 'couple' as far as benefits are concerned.

-What official documents did you have changed when you split eg council tax bills?

-Did he make plans to live elsewhere?

-Did you close any joint accounts?

-When he stayed in his spare room, who cleaned and tidyed it, washed the sheets, hoovered etc?

-When he was home did you cook for him and eat meals together?

-Did you continue to socialise together?

-Did your friends/family consider you to be a couple?

-Did either of you date anyone else?

-Did either of you buy things for each other eg food, clothes, gifts?

-Did the way he paid the bill change? eg did he start transferring money into your account instead of paying directly himself?

High maintenance payments themselves do not exclude you from CTC as they are not counted as income, it depends how all the pieces ad up.

Hi, I have also received a letter with the reference 'ImpCourt' which scared me to bits but I just phoned ctc and they said it is just a reference and doesnt mean Impending Court..... phew!
Hope this helps, please don't worry, Lilli