tax credits dilema

[suzy36]

i have read many of the threads relating to tax credits and living with partners etc and where i wasnt too worried before im a bit scared now and hope someone can put my mind at ease...
i claimed as a single parent until quite recently my partner moved in start august..i phoned the relevant departments reguarding the change of circumstances ie ; is,cb etc, and had tried for a few weeks to get in contact with tax credits but after holding for 30+ mins each time i hung up and decided to try again the next day safe in the knowledge i had a month to notify them of the change...
then the last week of july i recieved a letter from them saying they were investigating my 2011/2012 claim as i had claimed as a single claimant but they had evidence that my partner (who they named) had been living with me...
after finally getting the hold of an advisor today, it seems its up to me to prove he did not live here.... their evidence is that my sky & bt bills are in his name, which is fair enough(i explained to them the reason for this was that i had been in a previous dispute with them and he took them in his name but i pay them every month which i can prove...
no not good enough so they asked for a tennancy agreement of where he had been living previously, but its dated 2009 when the agreement was taken out, will this surfice????? also as were both an income support it would not make sense for me to "dodge" changing my claim from a single to a joint claim as there would be NO difference in the amount i would recieve....
after reading alot of other threads here im now panicking...(that my money will stop or that i will be prosecuted etc)
when talking to the advisor he told me to ring the helpline and ask for a claim pack for a fresh joint claim as a change of circumstances
if anyone can put my mind at ease would be fab... :-)
if anyone can advise me of pitfalls i may encounter would also be really helpful...

To be honest it does sound a little dodgy from their point of view.

Why oh why would someone claiming benefits as a single person have bills in the name of their non resident partner/boyfriend?

However, as you say he has not been living with you, then unfortunately you will now need to provide evidence. If he has been maintaining a life elsewhere it will be simple to prove. Some excellent ways to do this are -

Electoral roll registration at his own address.

Letters to him re his current benefits showing his own address. (For instance on IS he should have been receiving council tax benefit payable on his own address?)

Ditto bank/building society/credit agreements or other loan accounts with your partner at his own address.

Tennancy agreement & evidence of rent/hb paid for his own address. (Old tennacy agreement is fine of course - so long as he can prove has been there since then iyswim? ie by paying rent for it)

Details of telephone/internet/utilities etc being provided to him at his own address.

Even two or three of these pieces of information will probably be enough to prove he has maintained his own living arrangemenets away from you.

Despite what some folk may tell you I'm afarid that it is now down to you to prove he wasn't living with you. They already have enough evidence to suggest he was, and you will need to demonstrate otherwise.

i have had a similar problem. i recieved a letter from the review team querying if i had someone else living with me and named my ex partner. i contacted them and spoke to an unhelpful patronising tw@t who more or less suggested that i was lying by his tone. i separated from my ex in dec 10 yet he has continued to recieve some letters at my address including letters from the bank (not bank statements as these are online) as the plan had been that he would move back in and me and my child out ,as its a small apartment and we are currently in negative equity and can't sell. however my ex has been unable to secure permanent employment to date so this has not yet happened. my ex spent the majority of 2011 unemployed and tax credits where able to see this information and his address yet they still asked me for further proof of his address. as my ex is living with his parents he did not have any untity bills and he could only give me his licence with his address on it. they queried his mobile phone being at my address and as i explained he was living with me (which they were aware of) when he took out this contract as we took them out together. like me he recieves his bill online like i'm sure many people do these days and therefore he had no reason to change his address as he doesnt recieve a paper bill-i wouldnt think to move my phone contract if i was moving out. i questioned why i would not tell them if my ex was living with me because i would have been entitled to the same amount as he was out of work-it doesn't make sense!

i have now received a letter saying that the evidence i provided is not sufficent and i have to pay back last year and this years award and it said i'm not entitled to tax credits. i contacted CAB today and she advised me that they are inundated with these concerns as they have joined all their systems up and are also using credit reference agencies. this is all well and good but life isn't as simple as your credit file! word to the wise if you do split with your OH cut all ties, heaven forbid you try and remain cival for the sake of your child. she has asked me to see if i can get further information from my ex and go to my local tax office. apparently i am lucky because we are still in contact as many people are having problems with ex's that won't cooperate-don't feel very lucky!

Although I understand what you are saying Bell - just look at it from their perspective for a moment. Bills registered to your address etc all looks a little dodgy imo. Fwiw, I have a very amicable relationship with ExP, also have a sky account still in his name, and a mortgage. I also used to claim TCs for a while, though we had massive amounts of evidence to prove he didn't live here (a whole other house in fact). You can be civil with your ex, share financial history and STILL have plenty of evidence to prove that you lead separate lives and live apart.

Even if your ex had no bills at his parents address he could/should have re- registered on the electoral roll there. He should have changed his bank account address - on-line statements or not. He should/could have informed the benefits people that he was living there - did he not do this?

As an aside - last I heard was that if you are entitled to claim as the couple they allege you to be, then all you will have to pay back is the difference between the two claims I think. (Check this out though as am not sure)