Compliance visit from DWP

[ornellaia]

I am in the process of separating from DH, we are still living in the same house (which he owns), he is planning to move out once he finds another property. He does not work and currently uses his savings for his living expenses, I have no access to this money, we have never had a joint bank account, the money came from his trust fund. We have 2 DC and I have been SAHM/carer to our disabled DD for 6 years.

I am currently trying to claim IS, I already receive CTC and CA, DD gets DLA (middle rate care component). After a conversation with a rather snotty DWP woman on the phone they are now sending a compliance officer to check whether DH and I are actually living separately. What are their requirements likely to be? We currently have separate bedrooms, he cooks his own meals and does his own shopping, he cleans up after himself, I cook, clean, shop etc for me and DC, I do all childcare.

He does not currently pay me any money for child maintenance or towards bills, although if this were necessary to establish our separation I think he would be willing to pay something. I currently pay gas, electric and water bills and council tax, he pays the phone bill (because that's the only one in his name). I'm managing to get by at the moment, but I'm a bit worried about running out of money if this claim isn't sorted soon.

I am no expert. And I am sorry for your difficult situation. But I think as long as you and your husband/partner are living under the same roof it will be difficult for you to claim money as an individual. And under law I think you would be entitled to money from the house even if he owns it. As long as you are married his savings will count as your savings. Please check this up but that is how it usually is. Unfair as it may seem when you have no access.

As he didnt work before and you are still paying all the bills from benefits as before I doubt you will convince them you are not connected. If he doesnt pay rent/mortgage or his share of the bills then you are supporting him.

There is no rent/mortgage, he owns the house outright. I know that if I were to go through the courts I would be likely to get a share of his savings but I didn't realise they would count as my savings now (he certainly doesn't see it that way!). I haven't been asked how much he has, although they are aware that he has enough to live off without working. He won't leave the house until he has purchased another, and doesn't see why he should give me any money while he's here.

I have been able to claim tax credits as a single person with him still living in the house and I know in theory it is possible to claim IS with him still here, I just don't know how 'separated' they would expect everything to be. We shall see I suppose.

Have a look through the Decision Maker's Guide OP. The DWP take a harder line at this than HMRC. They usually assume that if you are actually married without a formal separation, you should be viewed as a partnership, regardless of whether you're living together (they count married couples as one unit even when they live in separate houses). The grey areas (which are covered in the guide) generally applies to those who are living under the same roof but not married.

With IS, if they decide to view you as a partnership, they make you do a joint application rather than a single one, but the savings would probably mean that you wouldn't get it, so in that sense they might count the savings as yours. But good luck, I hope you can convince them.

www.dwp.gov.uk/docs/dmgch11.pdf

Thanks firefly, that's really useful info.

I'm pleased to say STBX has had an offer accepted on a place so will hopefully have a move date soon, and he has paid me some money towards bills, once I pointed out that I should not be the one supporting him (thanks happymummy, I couldn't get that through to him before).

The visit is on Tuesday, I guess even if things aren't organised and formal enough for me to claim benefits he will at least be gone soon and I may get enough of a divorce settlement to last me until I find a job.

Hope the visit goes ok. I claimed IS whilst still living with H and still with a joint account. They wants to know the things you said, do we eat/socialise/shop together, who pays the bills etc. It was fine even though I got quite upset talking to the compliance officer.