Am I in trouble??

[sleepover]

Have posted this in 'Money' too but figured the 'relationship' girls stay open later.
Am worried.
EX DP and I decided to split last may 2009. We ahve 3 kids(eldest aged 9 from my previous marriage)
We decided not to tell the kids just then as he had just accepted a job overseas and they were a bit wobbly about that, and we thought that telling them about a split wouldnt help them any.
I set the wheels in motion to claim child tax credit as a single person and not as a couple, and that was in place almost immediately.
EX DP came back at Christmas, and then decided to terminate his contract overseas, as had missed the kids too much.
He continued to pay the mortgage and all bills(as he had when he was away) and also gave me maintenance for the kids(I am unemployed) on the understanding that he would not be so generous when I was in employment(which I will be in Sept)
When he came back at Christmas he stayed here(we have 5 bedrooms and he slept in the spare room -which he had for a long time, so nothing unusual to the kids there)
He then got a job in London, which he has had since. He comes back every saturday morning to see the kids and goes back every sunday afternoon(still in the spare room)That has been since Christmas 2009
We ahve decided to try and make things work now, and I have rung the child tax credit people to say that I no longer want to claim as a single person, but as part of a couple. They asked me how I had supported myself in the time that he was gone and I told them the truth, CTC and Child benefit and payments from EX DP.
They explained that CTC would stop etc and they would be in touch.
Got in tonight and there is a letter from them. Basically asking for more info regarding any income or benefits I may or may not have been receiving.
I am worried because the forms reference is 'impCourt' - does that mean impending court???
I realise that I have been very lucky in that my EX DP/DP has been so generous. Nobody asked who was supporting me originally, and I really didnt see that I was doing anything wrong.
Was I?

I have visions of being chucked in jail and not seeing the kids.

So is the issue that you claimed benefits as a single parent with no income, and didn't declare that you were receiving income from your ex-partner? When you filled out the forms to claim CTC, did you tell them that your ex was paying mortgage and bills (you said that he did so continuously) or did you fill them out saying that you had no income at all?

I said I had no income. I suppose I didnt count that as an income asit wasn't a wage from an employer so to speak..

If you have declared yourself with no income to the tax credit people but actually did have a substantial contribution to the house then there could be an issue.

Were you claiming any other benefits like income support or housing benefit?

If you were you need to contact them also asap.

To be honest if there was an investigation into fraud they should make you aware of that and invite you to an interview to explain things.But you need ot establish what it is first. Obviously phoninh them up and asking 'is this a fraud investigation' is a bad move as it would suggest that you knew something wasn;t right and they could use that against you. I would phone them up and aks them WHY the payments stopped and why they are requesting more info.

From the word go be as honest as you can and contact any other benefits agencies involved and report change of circumstance, but dont offer ANY info you think might incriminate you....like 'I think ive falsley claimed' etc

If it IS a fraud investigation (and you dont know it is yet)there are a few options for you and its wise to seek some advice, there is a whole webiste about this (knowledge comes form my personal experience when housing benefit did one on me after getting their sums wrng about what I was earing weekly vs monthly. Was stressfull but got sorted in the end).

Good luck.

Hi, the payments have stopped because i have informed them of my change in circumstances presumably. As far as I was concerned, I WAS being honest. Not having the form in front of me, in fact it was done over the phone I think, but I don't recall seeing/hearing a question about who was paying the mortgage or supporting me and the kids. I would have declared it. I know I would

Tax credits are a pain in the ass. Looking through it again it might well be they just want that info to recalculate your entitlement and then sort out if theres been any overpayment.

I did my renewel today over the phone and am trying for the life of me to think if they asked if I had any income fomr any other sorces and i'm pretty sure they did. But then this is now and you first claimed last year, they may not have asked you then.

There will be nothing to do with court until or of they decide to investigate further and then they have to inform you they are doing so and intvite you to an interview so you can go through stuff with them then.

On balance id say they are pretty quick at getting in touch and dont forget you can cal after you send the info and enquire as to whats going on with it.

Sounds sortable, and court v. v. unlikely (sorry didnt mean to freak you out with my above post)

I'm in Australia, and what would happen here in this circumstance is that they'd calculate what the overpayment was, and then organise a repayment schedule. It is, technically, benefits fraud, but they don't do anything except make you pay it back unless you're a massive repeat offender - because most people in this situation have just misunderstood things, rather than deliberately defrauded the system.

In the future, any time anyone gives you money for anything, it's income.

Am bumping for sleepover. Have a 'friend' in a similar situation. She however appears to have claimed deliberately.

I hate to say this but I think yes you may well be in trouble, you will probably only have to pay it back but who knows.

Look at this way, you say you had split, now I am in no way questioning your honesty here BUT, he was still supporting you as a full time partner paying all the bills as if he were living there and still supporting you as a couple. The fact he was working overseas is irrelevant, you were still functioning as a couple, many copules have to do this day in day out, they still have to delcare as a couple.

He then returns and proceeds to live at the house again paying the bills as he was the breadwinner. He then got a job in this country in the city. Again nothing out of the norm there even for regular couples. Hubby works during the week and commutes home for the weekend saving the long drives. They are still a couple but still only see each other weekends.

Now you have decided to get back together, wtc always look at these cases with suspicion as people pretend to break up for some extra £££ and then get back together.

Not saying this is what has happened here. But you have been claiming as a single parent when technically you haven't been. He has still been supporting the household as the full time bread winner, returning to your house as home the only difference is he has been working away during the week or for a short stint abroad, does not make you a single parent.

You can tell tax credits you were in seperate rooms etc, but I don't think that will cut it at all. Plus if his bills etc are still all in his name, post going there you are bang to rights with him using it as his home.

Sorry if that is not what you wanted to hear.

I meant to add, if I were you I'd be on to the CAB today for advice and get over to MSE they have lots of people who use their boards including people from CTC etc.

You will probably get some non beleivers, but a more balanced opinion ifyswim.

I thought things changed a couple of years ago so that child support money from an ex-p (as this was, even if it went to pay mortgage and bills) is now counted as extra to the tax credits and not taken into account in the calculations. If this is correct, your problem is whether you were or weren't a couple. And I imagine that it would be very hard to prove that you were a couple if you maintain that you had split up so you may be given the benefit of the doubt even if they are suspicious.

Child maintenance is NOT counted for tax credit purposes HOWEVER all other income is, the rest would have come under spousal maintenance.

It's irrelevant however as from reading the op thoroughly I don't think benefit of the doubt is going to come into it.

She has been claiming as a single parent when infact she has been part of a couple if only technically. He has been paying ALL the bills and fully supporting the house hold as you'd expect the main breadwinner to do when you have a SAHM.

It will be ops word against the tax credit office. She can say they were split up and sleeping in seperate rooms etc. Not proof though is it?

The tax credit office on the other hand their proof they were still a couple, op has told them he was living there upon his return from being abroad, like I say him being abroad does not make her a single parent anyway. He has been retuning "home" after the working week has finished, he has been living there! He has used that house as his base upon return from work abroad and working away during the week, like most couples with the sort of jobs that call you away. That is counted as living there, which is declarable. No doubt the bills are in his name and his mail goes there too....

Op then says as her defence ohh but we slept in seperate rooms and had decided to split. Does not matter he is living there away from his working week and upon his return from employment abroad. He has been paying everything as if it were his home.

I could say the same sometimes with my hubby and say, ohh we have decided to split as he has gone abroad anyway. All the time he is sending me cash for all the bills as if we had never "split" and then he returns home with us to live and then when he gets posted commutes every week and returns home to us at the weekend. Do you see what I mean? That would be benefit fraud intentional or not.

That is why I suggest op gets herself legal advice ASAP from the cab or somewhere, as I don't want to sound harsh, but if people take a step back and re-read the op the tax credit office are going to have a field day. Mistake or not, op has messed up they should have been declaring as a couple.

Also like I say get over to MSE, some good advice there.

Op I have been looking for you at similar threads over on MSE and there have been plenty.

I would go over to the benefits board there, it seems if people fess up then TC take the overpayment back, things only get serious if you try and cover to CTC think you are lying and rule against your version of events.

There is loads of threads exactly like this where people split up etc.

I think the red herrings here are that one you say you have split up, but do you have proof? Was that a verbal agreement between yourselves as you seem from the op to still be doing things very much as a couple.

2nd red herring is he has worked away. Like I say many couples do this, does not mean they are single. The OH still supports the house and uses it as a base, that's a couple.

As an objective person and if I worked for CTC, how I would see it from reading your op is.......

You don't have a job, hubby goes abroad so you declare as single person, thus bringing in more money in benefits.

He continues to support you as a family, he is just on a stint abroad, he then comes back home to live, gets another job.

He then commutes during the week and returns home on the weekend, still supporting the family and still returning home.

You then have decided you are returning back to work in September so delcare youself now as "back together".

See what I mean? Pick out all the red herrings I would suggest you get advice as to what you are going to do, as in proper advice from CAB, to advise you on how to play it.

When you originally made a claim for benefits you signed a form indicating you had no income. You did have income. I dont think they will buy the "oh, I misunderstood the meaning of income" line.

I think you should get some legal advice.

^When you originally made a claim for benefits you signed a form indicating you had no income. You did have income. I dont think they will buy the "oh, I misunderstood the meaning of income" line.

I think you should get some legal advice.^

Indeed, the tax credits office are not stupid and in your circumstances you should have been claiming IS or something but as you were still being supported fully by your OH as if he were living with you albeit working away, you wouldn't be able to claim that.

So the tax credits office are going to want to know what income you had as single parent you should have been getting declarable benefits.

I'd ignore all the fluffy posts from last night about how this might be tax credits fault screwing up somehow. It's yours and I would get legal advice asap.

i have just sent in a new claim for tax credits as i recently become a single parent.
maintenance was a separate question but it was implied that it was not taken into consideration.

i was asked to declare all forms of income either form a job, pensions, rents etc.

so although you were not working there would have been a question that asked you to declare what money you had coming into the household.

Thank you ladies for your replies.
The CTC don't know that he was living abroad or now in London, they just know that we split up and that have now got back together. Sometimes he only came back every 2-3 weeks, not every weekend, but don't suppose that makes a difference. They also have no idea where he was living or anything.
It was a verbal agreement between the 2 of us.
As soon as he moved back in properly, as in brought his stuff back, I rang them to report a change in circumstances. They just queried who had been supporting me in the time that I had been claiming as a single person, and I was honest and said CTC and my EX DP.
I was in part time employment until my first child with DP was born and didnt go back to work as was quickly pregnant with 2nd child with DP.
DS2 starts school in September and I am chuffed to bits to have got myself a fab job, part time, school hours. It's just a coincidence that we have got back together. He is still in the spare room and always will be I think, as things are still not good.
Originally I was going to move out and was looking for rented accomodation. Then this job came up overseas where he would be gone for at least 4-5months. It was logical for me to stop in the house, and so thats what we did instead of causing a load of unecessary hassle
I didnt claim housing benefit or income support an all that cos he said that he didnt want me to have to do that. Perhaps I am just thick with forms, as I definately wouldn't have thought income was anything but a wage paid by an employer.
Oh God I feel sick. What is likely to happen?
I can send the form back. It has to be in by 7th August or do it all by phone, but the kids are all around with it b eing summer holidays and I will more thanlikely get tongue tied and make it all worse than it is.
What is MSE?

moneysavingexpert.com

it is very good resource for all things money related.

try not to worry - you need to be totally up front and honest with them though, stick to your guns you WERE separated - it is damage limitation time now. phone them up asap.

What does damage litigation time mean? Am I not better to fill the form in?

I would get PROPER LEGAL ADVICE now citizens advice and go over to MSE and post ont he benefits board for more help seriously.

The fact is you have been living together as a couple the fact he has been working away is one huge red herring.

You have been getting all you household bills paid as if you never split, he has been supporting you as if you never split and been using the house as his base, therefore his home regardless if he has been working away or not. If all the bills etc are in his name it's bang to rights tbh.

I would get legal advice before you go denying or admitting anything. If they can prove he was supporting you as if you were a couple and you deny still being together, it will make things worse and look as if you are deliberately being dishonest.

You have no proof you were split up, it was a verbal agreement, he has been "living" at the house albeit working away and still paying the bills if you were very much a couple. You have not been claiming any single parent benefits which would be declarable for tax credits as the DWP, would have deemed you still acting to be a couple in this situation.

CTC want to know where you were getting your money from, before you do ANYTHING please get proper advice.

They don't know that he was working away, or using the house s a base. He has just been paying for it all. It is all on direct debit

You are totally missing the point here as I have been trying to say, your op is one huge red herring.

He has been paying the bills etc as if he still lives there, as if you are still a couple. You have been very much still finacially a couple.

You would not have qualified for single parent benefits, as the DWP would have very much deemed you to be part of a couple still with him paying all the bills and living there. He has been living there end of, the fact he works away and can return every so often does not mean he does not "live" there.

CTC will have all his PAYE, bills, everything at that address registered under his name with him paying. They also cross refrence stuff with Experian now.

If you continue to say but we have split up, they won't beleive it at all and they will be able to prove otherwise. Which could land you in more shit. He has been paying all the bills and using it as a base when he can return from work, that's living there, like I say I'd get some legal advice before you do anything.

When you say legal advice raf, presumably you mean a solicitor? What kind of solicitor?

sorry i meant damage limitation.

i think you should listen to rafwife and get some advice asap.

No go to the CAB as it's free get advice from there as to what your response should be and what you can expect.

CTC tend to be more favourable if you are honest, rather than trying to cover something up. The latter and they will investigate it if they think they have grounds and take it to court, where as if you come clean there is no need for that.

But you need to establish exactly where you stand and what the best course of action is.

Posting on MSE will do you no harm either there are a lot of people who know their stuff on their including ctc employees, just ignore any baters.

Please believe me when I say that in as much as I am guilty, I am innocent also as well. None of this has been deliberate. My own stupidity has caused this. I didnt sleep last night(partly cos all my kids had mates here for sleepovers) and cant face food. I keep being sick and the poor kids are worried about me. I am a good mum, maybe not a good partner, and I try to be honest in all I do, to set an example to my children. Some example this will set. A friend of mine from church is a solicitor but the divorce type I think. Is it worth talking to him as well do you think?
Will look on MSE and try to get appt with CAB, ut as you know they are like rocking horse shit. Only open high days an holidays