Universal credit - married couple living apart

[BrimfulOfRashers]

First time poster here as I haven't been able to find an answer to this anywhere on the boards. Any help is appreciated.

My wife and I have been living apart for six months following a separation, and she has been claiming universal credit in this time. We have recently realised that we would like to make another go of things as a couple, as we have realised there are many good things about us together and we have managed to work through some of our differences. We're intending to start marriage counselling to work through the rest. We also feel it would be much better for our children for them to see us together as a loving married couple.

However, we have also realised that us living together and seeing each other every day does not work for us if we are to make it as a couple and would therefore want to continue living apart. Would my wife in this situation still be able to continue claiming UC under a sole claim? If we had to include my income we'd get nothing, and we would not then be able to afford this. Which would then lead straight back to the current situation with us being apart and my wife claiming UC anyway, so I'm really hoping there is an option for this.

My second question would be whether we would be liable to pay back any of the UC my wife has received? The initial intention was definitely to separate, as we are able to demonstrate if asked about it.

No your wife won't be able to claim as a single parent if she is in a relationship with you even though you're living apart. You're either a couple or you're not.

Also, why do you think the taxpayer should fund this lifestyle choice just because you prefer to live separately. Not sure if this is a genuine post or not.

If you're a married couple in a relationship then both your finances are taken into account. If you divorce and your wife has to manage without your financial input then she could claim UC. UC is there as a safety net for people in serious need not as an extra to support your lifestyle of choice, IE being married and in a relationship but choosing to live apart. If you claim whilst married and in a relationship unless you include both salary details and it's a joint claim the person making the claim pretending to be a single person would be commuting fraud as the questions clearly ask if you are in a relationship/part of a couple.

Is this serious?! You want the taxpayer to fund you to run 2 households?!
Does your wife work?

Sorry but if the only way you can cope with being married is not to see each other every day, then that’s not a marriage and doesn’t model anything like a healthy and loving marriage to your children. I think you’re either kidding yourselves or trying to kid the tax man.

I would think if your wife put on her notes that you have now decided to give the marriage another go she would have to put a date that decision was agreed and then change her claim to a joint claim. I think it's unlikely she would be asked to repay money already paid out if she could demonstrate the date decision was made eg. counselling. They might ask to see bank statements so best to be truthful.

CF'ery at its best here. Of course the taxpayer should pick up the tab to fund 2 homes because you can't get along 👏 👏 👏

How were you coping before you split?

Thanks everyone for your responses. First of all, yes I heavily suspected that we'd be treated as a couple so thanks for confirming. At no point would we have ever tried to make a claim that wasn't in line with the rules.Thanks @caringcarer for the details on changing to a joint claim and paying back.
One thing I perhaps should have added in my original post and which may have led to some different responses (or maybe not) is the primary problem we have had in living together. We both have similar mental health issues and in some ways this is helpful, as if one of us is ill the other is very tolerant and knows how to be supportive. But on the other hand, when we are both ill it turns into a vicious circle and everything blows up. Unfortunately this happens too frequently for us to simply, say, have one of us go live with a parent for the times when it happens. And we've not been able to find other solutions that work. Even being apart has caused my health issues to spiral and have to take months off work, so really stuck on trying to think of something.

As a couple or financially?

Was a question asked out of desperation really as I think we both want to be together (I definitely do) but out of ideas on making it happen.

It’s a very grey area. Single people can have a boyfriend/girlfriend that doesn’t live with them but married people can’t live separately. When I was a single mum I had a call checking I was still eligible as a lone parent. I suspect someone made a malicious report.
I explained that I had a boyfriend but he had his own home and we didn’t live together, but planned to get married at X time. They said that was OK but we needed to inform them as soon as we moved in together or got married, which we did.
In your case, as you are already married you won’t be eligible.

@Findyourneutralspace Thank you

The DWP would regard you as a couple and therefore have a dim view of claiming being single fraudently. You are either together or not.

This sounds dodgy as hell, however married couples who are separated as you have been can claim universal credit.

Do you ever stay at hers or her at your place?

The rules around this are vague and each case is taken on its own merit. There is no set number of nights you can spend together to be counted as a couple but they look at things like whether you regularly eat, cook and socialise together, holidays, any bills or DVLA registered at an address etc.

Joi a group called universal credit survival on Facebook and they will give you better info.

Don't put your wife in a vulnerable position by claiming benefits when she is not allowed as she will be the one who is prosecuted when it all goes wrong.

To be clear, we only had the realisation that we might like to make another go of it as a couple this week, so nothing dodgy has gone on. We haven't stayed round at each other's houses in our time apart and have seen each other maybe 2-3 a month on average when we do something with the kids as a whole family.

@Gingerkittykat Thanks for the Facebook tip. And don't worry, I'd never put her in that position. As has often annoyed my wife, I am probably over-fastidious when it comes to following rules 😀

But anyway, thanks to all who clarified the position. I got what I needed from it so won't be coming back to this thread. Just got to go away and think of some other ideas on how to make this possibly work.

She actually can but personally I think it's an absolute piss take that it's allowed.

Not if you're a married couple you can't.

"The definition of a couple differs between tax credits and universal credit which means that it is possible for two people to be part of a couple for one benefit but not for the other. For example, in tax credits two people who are married or civil partners and who live in separate households are treated as a couple and required to make a joint claim. Under UC rules, as they don’t live in the same household they are not a couple and therefore required to make single claims."

https://revenuebenefits.org.uk/universal-credit/guidance/existing-tax-credit-claimants/managed-migration/transitional-protection/

This is from the Revenuebenefits website which covers legislation and case law around benefits. UC only allows a joint claim between 2 people in the same household (in your case it would be at the same address), even if they are married. So UC would have to be claimed as a single person and they wouldn't allow a joint claim. Other posters are probably confusing it with the old tax credits rules, which did insist on joint claims even for married couples living separately.

Ah yes, I was thinking of the tax credits system. It was a long time ago. I hadn’t realised UC allowed married couples to claim separately. How odd!

That's wrong. You can be married and still claim as long as you are living apart and can prove you live apart with separate every thing

Hi I know this is a old post but I am in the same situation right now, we are married but live separately and I claim uc and he works. We have tried and failed many times over the years to find a even ground to live together but like yourself we both suffer with mental health problems which makes things blow up at least every 2 months. We are going to take a long break living apart and then look at the situation in 6 months to a year, we have 2 children together so it's important that we both stay civil for them. So.in answer to your question the answer is yes u can live apart be married and claim universal credit..hope you sorted it out

If you are genuinely maintaining two separate households and living apart, your wife will be able to continue making a sole claim, even if you are in relationship.

I’m due to get married in October I claim universal credit and my partner works we both have separate houses and separate bills how would I go about this would I still be able to claim my universal credit as I haven’t a clue