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Original poster

Need some LEGAL advice. COD or anyone!!!!!

53 replies

pissedoffparent · 19/03/2007 22:14

Ahem, testing!!

OP posts:
Original poster
pissedoffparent · 19/03/2007 22:21

Name change, as delicate situation. Here is the abridged version.
For financial reasons, and realationship breakdown, due mainly to those financial reasons, I no longer live with DP. Moved out when pg with dc2, as too much stress. DP kept leaving jobs, debt build up.
He comes to see the dc's after work for about 1/2 hr ish, and stays at weekends, FRI/SAT/SUN. Someone has rung our local council and said he's staying here mostly, and only spending the odd night at his mum's.
It's not true, he's registered with council as living there, paying maintenance until the debts are paid off and hopefully by then our relationship will be good enough for him to move back in.
I have been "advised" by Income Support that a decision maker is likely to decide that we are living together and that I should drop my claim(and look totally guilty) and it'll go away as a claim ending. Or that if a decision maker decides against me I'll have to pay it all back.
I want to know where I stand.....
I have to go and make my statement tomorrow. Am feeling really bullied into this, we can't afford for him to move back in, and would be right back to square one. Eldest dc is 3 and not stupid, don't want to risk the relationship breaking down if he moves back in again, which is what I think will happen.
HELP

OP posts:
CODalmighty · 19/03/2007 22:23

no idea sorry

Original poster
pissedoffparent · 19/03/2007 22:24

REALLY, shit. You were my main hope!!!

OP posts:
dumplings · 19/03/2007 22:34

cant help but bumping this for you as mn very busy tonite

Original poster
pissedoffparent · 19/03/2007 22:36

Thanks
Need to know if anyone's had a similar experience. We're not doing anything wrong, or lying about it and have sickening feeling we'll be punished for it!!!

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Hillary · 19/03/2007 22:41

My aunt is on income support and someone reported her as having her grown up son living there with her, she had to go and have a taped interview etc.. it took so long and they stopped her money whilst they carried out the investigation, Income support are not to be messed with they have the guilty until prooved innocent motto.

They watch the house and your movements, can also track what you spend your money on too (when you claim IS you give them all your account details so they can find out everything) They will go on the persumption that if he's living there he will be paying you rent so you will not be entitled to IS anymore.

It took my aunt ages and ages to sort it all out and they still keep tabs on her.

Poor you

Original poster
pissedoffparent · 19/03/2007 22:43

I feel very freaked out that they could be watching what I do, and where I go. I feel sick.

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Hillary · 19/03/2007 22:44

Is he registered as living at his mums?

Does he work or anything, on the council list/Tax anything?

You need proof that he lives there, his mum can write a statement too.

Original poster
pissedoffparent · 19/03/2007 22:45

Yes, he's registered witht he council as living with her. He pays maintenance for the dc's. He works. The CSA were involved when I first claimed IS.

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Hillary · 19/03/2007 22:46

I know its horrible, but you have it to your advantage though as they will see he's not there, I'd ask him to stay at his mums in future though maybe only staying at your's for one night a week don't make the situation worse.

Original poster
pissedoffparent · 19/03/2007 22:48

Yes. The thing is that it depends when they're watching. He pops in after work every day to see them. But not for long. If they see him come but not leave then it could look bad. Also his car is a gas guzzler, so he's been using mine, and his has been outside mine for weeks. Guess that looks REALLY bad. But I need one incase of emergency

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Hillary · 19/03/2007 22:49

Sounds like you have it on your side to me, you need to provide this to IS tomorrow, get his mum to write a letter stating he's there too, does he pay her rent? if so you would be best to show evidence to this effect too like a rent book or cheque cashed into his mums account, always better to deal in cheques than cash as cash has no tracing method.

Original poster
pissedoffparent · 19/03/2007 22:50

There's no evidence of it, but he pays rent. Don't have time to get a statement b4 my interview tomorrow.

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Hillary · 19/03/2007 22:53

Yes the car will be registered in his name, not good. If you have a house facing you they usually place a camera in the house opposite and have it recording 24/7 if not then they sit in a car, depends on your street. They are not very understanding I'v found but obviously your xp is a good dad and that has to be seen. IS are very hard people.

Hillary · 19/03/2007 22:55

Well you still have the evidence from the council register and working etc, he has to be registered for National Insurance etc which will be at his mums address. They will stop you money though until its sorted (could take months so be warned) do you get HB?

Original poster
pissedoffparent · 19/03/2007 22:56

What goes against us the most, sadly, is that we are still a couple, trying to fix our relationship so our dc's can grow up with both their parents together again eventually. We appear to be being punished for wanting to stay a family!

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Original poster
pissedoffparent · 19/03/2007 22:57

Yes for HB, I assume that will be stopped while they investigate then?? Cos then I'll be royally screwed!

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Hillary · 19/03/2007 23:05

Yes you try to do good and it gets thrown in your face. To IS its straight forward, no emoction if you have someone regularly at your home they must be living there, if they are living there they are paying you (as in there eyes nodoby lives somewhere without paying) They won't pay you because you already have the money from your XP (even if its not the case thats what their opinion will be).

The only thing which goes against you is him staying over at your house overnight. Day will be fine as long as its not 9-5 7 days a week IYKWIM, You do need to lay low at the moment though as if your XP comes in the evening most evenings they will think he's staying - you could have a nosey neighbour writing down all your commings and goings (unfortunatly we all have one)

Not much you can do now as harms been done, I wouldn't give too much info about getting back together with your xp though as they may see this as evidence, I'd just say he's trying to be there for his dc (the least you say the better)

Hillary · 19/03/2007 23:08

Yes HB will be stopped (Income support is the head of the link, HB, CTC,)

You cold try and apply for a crisis loan tomorrow. Is there anyone who can give you back up in case they you need it, not saying you will but IS always takes a long time in investigations. You may not get a crisis loan as you have to be on IS but its worth a try.

Original poster
pissedoffparent · 19/03/2007 23:10

The interview woman asked me before she told me I was being investigated, if we were still a couple.
I thought it was just a routine check of info. Then she dropped this bomb on me!!

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Original poster
pissedoffparent · 19/03/2007 23:11

Well, if they stop my HB, I'm screwed as will get evicted

OP posts:
Hillary · 19/03/2007 23:12

Are you in private rental or is it a Council house?

Original poster
pissedoffparent · 19/03/2007 23:13

Private

OP posts:
fortyplus · 19/03/2007 23:19

I work in Housing though not in Benefits. I think you would find it difficult to claim Housing Benefit if he's there Fri/Sat/Sun. Presumably the same would apply to Income Support. You may not see yourself as doing anything wrong, but of course there are plenty of people whose partners work away during the week and come home at weekends.

Many fraudulent claims are based on one person supposedly living with parents. The benefits people have seen it so many times that it will prove hard to convince them. There are booklets available giving exact guidance.

fortyplus · 19/03/2007 23:21

Try speaking to someone in Housing Needs at your local Council - they should be able to give you unbiased advice. Just be totally honest about the situation.

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