Change to tax credit claim as separating from husband

[NeedSleepNow]

Hi, I wanted a bit of advice on benefits. I have been claiming working tax credits for the last few years as a joint claim with my husband. I have recently told him that I want to separate and a few days ago he moved in temporarily with a friend, he has said he is only prepared to stay there a short while and if I am certain this is permanent after 2 months then we will have to sell our jointly owned house (kids and I are still in the house). I need to ring HMRC to update my claim from a joint one to a single one. My worry is that I will have problems as my husband won't have changed his address with work, doctors, other agencies as he is only prepared to stay with his friend for a month or two and he still jointly owns our home so is legally allowed to have his post sent here, use the address etc. We also have a joint account that all our bills currently are paid from. Does this mean I can't claim benefits as a single claim? I'm really worried as if I can't I won't be able to cover the bills and pay the mortgage (he is going to pay child support plus a small amount extra towards the mortgage to me each month). It has taken me such a long time to get to this point and now I am really worried I'll end up having to go back to the way things were as I won't be able to claim any help until I find my feet.

I think with tax credits you have to start a new claim in your own name when a relationship breaks down, rather than just remove one of the names. (This certainly used to be the case - I had a client who had a very volatile relationship and we were forever opening and closing TC claims when they split up and got back together.)

However, you can't start a new tax credit claim now, so will have to switch to Universal Credit.

Sorry, posted too soon.

The joint account may well be an issue as you will have to provide bank statements when you make your new claim. They may think it weird and it may lead to all sorts of questions. I'd suggest that you close that account and just use your own account or, if it's possible, get his name taken off the joint account.

The address on record with your husband's doctor, employer etc is neither here nor there. Notify council tax that he has moved out and you will then be entitled to the 25% discount.

Also, it would be better if all the money he gives you was for the children, and you elected to use some of it towards the mortgage. Child maintenance doesn't count as income for Universal Credit.

You will need to make a new claim for Universal credit. You cannot change a tax credits claim for joint to single.

Also if you sell the house and end up with more than 16k equity you will not be eligible for UC unless you are putting the equity into another house. can you speak to a solicitor?

I definetly need to speak to a solicitor. Husband has said he will be putting our house on the market in 6 weeks but I really think we should wait 6 months to give the kids time to adjust to the split before the change of moving house.

I will look to changing the bills all in to my name and from my own bank account as a priority and apply for universal credit as a single claim then.

You should be fine to claim benefits as a single person but you may have to switch to universal credit