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Original poster

Child Tax credit scary Letter~Confused

56 replies

passingcat · 14/02/2013 08:07

I received a letter today saying my child tax credit is under review because they have run a credit check and can see my X partner as still living here. He does still live here but we live as permanently separated (until we can afford a divorce) and I have always told them this. They themselves told me I could claim as a single parent if we were permanently separated but still living in the same house. We were forced to stay together due to severe financial problems with neither one being able to afford to move out. He pays me maintenance, which I use to pay food and some bills but he does pay some of the bills also. He eats, sleeps, washes and lives separate from me. Most of the bills are in my name except for the council tax which we never bothered to amend. I can't understand why they have pounced on me when they said to go ahead and claim in my circumstances anyway. My bank account is in my name but a couple of bills are still in joint names. Apparently we can now be in trouble for this? If he is paying the mortgage and some bills because he lives under the same roof but separated from me, surely they can see he would pay some bills? Has anyone got any advice on what to expect as I get a bad feeling even though we really are separated and they themselves accepted that without question till now? Very worried ty

OP posts:
ThingummyBob · 14/02/2013 08:14

Its pretty clear cut about when to make a single or joint claim Hmm

See www.hmrc.gov.uk/taxcredits/start/claiming/get-started/joint-single-claim.htm]]

You are living together and therefore should have made a joint claim. Best thing is to co-operate fully and hope that they simply reclaim the overpaid amounts (if that is the case) rather than applying fines or penalties on top.

RedHelenB · 14/02/2013 08:20

If he is paying some bills, the mortgage & maintenance then in effect your financial lives are still joint & you shouldn't be making a separate claim.

RedHelenB · 14/02/2013 08:22

Not being funny, but every couple could do this & be raking it in. I think it will just be a case of having to pay any overpayment back.

Original poster
passingcat · 14/02/2013 08:39

We are living as permanently separated . I even doubled checked with them that I could claim! Can anyone not judge but instead help! ty

OP posts:
Original poster
passingcat · 14/02/2013 08:42

Yep thingymebob it is! It states if you are under the same roof but living as separated you can claim as a single person. I even double checked at the time! They were the ones that told me I could!

OP posts:
Original poster
passingcat · 14/02/2013 08:43

we are not living 'together'

OP posts:
Original poster
passingcat · 14/02/2013 08:44

that may be the case but we are not a couple anymore. I just want someone to stop judging and help!

OP posts:
RedHelenB · 14/02/2013 08:44

I'm not judging but from what you have written to an outsider looks as though you are still linked financially. I think that it would be easier to allow claims only if you are living separately precisely because of the situation you now find yourselves in. It may well be that when they investigate it they will see you are living separately so don't worry.

Original poster
passingcat · 14/02/2013 08:46

thanks...even after a divorce people are linked financially....they told me it was fine he paid maintenance... seems they get people to apply then pounce on them later! I gave full honest arrangements and details! thanks for help

OP posts:
HystericalParoxysm · 14/02/2013 08:46

You can claim as a single person whilst still under the same roof. However, as the rules state, you are expected to have separate bank accounts as well as not eating, sleeping, socialising together.

fergoose · 14/02/2013 08:48

when you told them you were separated and they advised you what to claim was it via phone - do you know the date? They record calls don't they?

Original poster
passingcat · 14/02/2013 08:50

Yes, we have separate bank accounts and all the rest. They don't say anything about who pays the bills /some of bills? Is there a Citizens advice person available? ty :)

OP posts:
CogitoErgoSometimes · 14/02/2013 08:56

I know you don't want to be judged but 'judgement' is the only way HMRC (or the benefits system generally) can do this kind of thing. If you appear to be cohabiting to all intents and purposes you are determined to be cohabiting. I'm sure you did tell them all this in advance but I don't think you've met the criteria for being deemed 'separate'.... sorry.

gracehedley · 14/02/2013 09:08

OP, this happened to me. I had to give very detailed info about our lifestyles and how the bills were paid etc, and also supply a letter from the solicitor which showed that divorce proceedings were underway and that this was a temporary living arrangement - even though it went on for a couple of years.

ThingummyBob · 14/02/2013 09:15

Yep thingymebob it is! It states if you are under the same roof but living as separated you can claim as a single person. I even double checked at the time! They were the ones that told me I could!

Where exactly?

Original poster
passingcat · 14/02/2013 09:27

if you go on the website you can look it up

OP posts:
Original poster
passingcat · 14/02/2013 09:28

not true Cogito..but ty

OP posts:
Original poster
passingcat · 14/02/2013 09:29

hi grace, was he still paying some of the bills?

OP posts:
gracehedley · 14/02/2013 09:44

Hi, I paid for everything and then he gave me a percentage. We also did absolutely NOTHING together - no socialising, no outings with our son, he didn't use washing machine, had separate food cupboard in kitchen, lots of things like that. Had to explain all this to them and did expect a visit, but they decided it wasn't needed. Divorce was in process and I think having evidence of this helped.

ThingummyBob · 14/02/2013 09:51

Do you have a link please OP?

I can't seem to find anywhere that says two unmarried ex partners who share responsbility for household bills could be seemed as separate for tc purposes?

I may be missing something. . .

ThingummyBob · 14/02/2013 09:54

You should be aware that a married couple legally separating/divorcing (as graces situation suggests) are not the same as unmarried co-habitees 'separating' yet remaining under the same roof and sharing household bills as your post suggests.

Original poster
passingcat · 14/02/2013 10:03

If you read my post you will see I said we are still married, not yet divorced. Just mind your own business now and stop throwing stones

OP posts:
ThingummyBob · 14/02/2013 10:21

ok then, you'll have no problem clearing it all up then will you Wink

Locketjuice · 14/02/2013 10:27

I have always been told that if living together you are counted as 'together' whether that's romantically or not, so I presume all the money you have claimed you will have to pay back, but be able to make a joint claim and pay it back bit by bit out of that

CajaDeLaMemoria · 14/02/2013 10:31

From a legal standpoint, and with no judgement at all:

If you can prove that you are completely separated, you'll be okay. That means that you can be living in the same house, but you must live like lodgers do. So pay bills separately, pay rent separately, buy separate food, not have access to each others' bank accounts, separate contents' insurance, separate debts/credit accounts etc.

This will be the type of thing that they are now looking into. If you still behave as a couple, your claim will be invalid, and you'll need to make a joint claim until one of you actually leaves. It's generally better to point out that you've made a mistake yourself and make a plan to pay back any overpayment than to let them discover that you've been claiming at the wrong rate, because they'll be looking back over the period of the claim rather than just how things stand at the moment. So cancelling everything this morning won't help!

If you are living separately and your finances and lifestyle prove this, you've got nothing to worry about.

The rules may seem harsh, but there has to be a way of the government differentiating between people who have actually split up and people who are just desperate so pretend to be split up to get a higher payment, and this is how it is currently done.