ex wants to move back in but im on benefits

[theexfiles]

this is in money matters but no response so i have posted on here

hi all looking for some advice please
me and exp own a house together which i live in with our 2 children and i am currently on benefits.
exp pays the mortagage / house insurance buys the kids what ever they need or want
he calls me yesterday saying that he is going to have to move back in with me and the kids beacause he can no longer go on keep paying the upkeep of two homes so he has no other choice but to move back.

now the question i want to ask is will i still be able to claim tax credits as a single person considering he will be living in the house he plans to sleep in our sons room but because he is away all week at work he would on be here the weekends

and i wont be doing anything for him he will fend for himself .he has given me a month to sort things out and then he is moving in help

Didn't want to leave you unanswered but this sounds like a recipe for all kinds of disaster. Firstly, how is this going to work out emotionally?
As for the rest, I think you need to see the CAB and/or your solicitor.

you need to see a welfare advisor asap.

nope....this will be fraud

The only people that tend to be a major problem are the Job Centre, so if you claim Income Support JSA etc they don't like anyone staying over ever apparently (which is tosh but hey, they've gotta get money back some how some people take the mickey). Local councils aren't very picky, but I'm not sure on Tax Credits to be honest.

You're classed a single person if you are indeed single, if he's only staying two nights a week he's not classed as actually 'living there' (unless you actually told them that was his main residence) I would ring the Rev and tell them you've got a friend staying over at weekends and see where that gets you.

Sorry but I think this would constitute living with someone especially as he's paying the mortgage etc.

you would be considered as living together, so would be entitled to benefits on joint income and not single parents stuff, IIRC from my meetings with them

Tax credits already use Experian and have been catching up with a lot of people this year at renewal time.

Those that are actually living togther leave a trail, be it insurance, credit checks, bills, mortgage etc.

Just because he works away many think they can get away with it, it does not work like that.

It will be his main residence and he will be living there "financially", regardless of working away.

beacause he can no longer go on keep paying the upkeep of two homes

He will be responsible for the upkeep for what will be his home, so uou will be a couple and his income will be taken into account for everything.

Bad advice to be told local councils are not "very picky" terrrible infact. Also the nights staying there is a myth, totally. Think Armed forces etc, they are not all allowed to declare as single. That is exactly why CTC now use experian and other benefit departments are following as per the news.

What Kate has told you, would mean you would be comitting fraud, and you will get caught as in your circumstances it will be too easy to catch you.

I seem to remember a claus in claiming tax credits which state that if someone lives away 4 nights then they are not deemed to be living with you. Also if it's not a sexual partner then they are in effect a lodger and not a partner. I think residency would mean having another address as their residence.

Can see that either of the above could be open to abuse.

No there is no such clause, the whole nights away thing is a myth people get done for. It's nothing to do with how often people stay over it's a common myth, there is a whole load of things they look at.

Does that mean everyone whos husband or wife in Afghan/Falklands or working for say 6 months in Dubai can claim as single, no OFC as they will be returning after work to the residence they pay for.

It's all down to whether they decide if they are living together as a couple, which they will. They won't see him as a lodger sorry.

It's his children, his house, op refers to it as his home, he will be working away and returning home, he will be paying for the upkeep of the home.

This is why CTC are now using experian as anyone who says they are single, out comes the experian evidence, mortgages, finance, credit checks, insurance, electoral role to prove otherwise.......

hello thanks for all the replies i spoke to someone from cab today and she said i have to inform income support and tax credits and teell them about him moving in.then they will investergate if we are living as a couple very doubtful as he is gay the reason for us splitting.she also said as he is joint owner i cannot stop him from coming and going.
she said that she has had a lot of calls regarding this matter due to the state of the country .also spoke to someone from ginger bread and she told me the same
i will let you know how i get on thanks x

Bad idea in so many ways.

Strange you don't seem too concerned about the emotional fallout side of things, but hey, that's your choice.

Mainly, what emmyloulou said - no "clause", many elements to being in a relationship, you'll be classed as being together, and people with mortgages leave a trail.

Financially and wrt benefits - good luck convincing DWP & CTX that you are still separated.

Local council wise - I'm going to (safely) assume you don't get housing benefit as it's jointly your house and he pays the mortgage. So therefore on him moving back you'd loose your single person's discount wrt council tax, and any council tax benefit would become means tested due to the change in your household circumstances.

Again, good luck convincing anyone official that you're separated once he moves back - your mortgage is still joint...

Councils are picky, but a) you'd only be looking at paying back council tax, so unlikely to be a large amount, and (more importantly) b) the council's fraud department would most likely need to get the DWP to investigate your claim for Income Support.

But it's the DWP & CTX you've gotta worry about.

And finally. As your mortgage is in joint names, your finances and credit histories are linked. Right now, those histories will show a divergence wherein he currently lives somewhere else. When he moves back, that will end.

They are having a lot of calls about it, because "of the state of the country" so many people have tried the single living thing then pooped themselves when they got a specialist renewal this year which some are still under investigation, and had to supply bills, mortgage agreements and tenancies and verify info on experian.

Gay or not, your are going to have a hell of job convincing them he is not living there as your partner.

You can't stop him coming and going no, but in your own words it will be his one and only home he will be upkeeping.

It's exactly why bringing credit agencies into benefits has been in the news. People can't just say, "oh he is gay/lodger/friend/spare room guy", if they deem him to be living their finacially as if you were a couple that's enough.

Just come back to this as I have major insomnia so re-read it and thought I'd add.

If my dh came out as gay and wanted us to continue living together after living apart, I would be absolutely livid, I couldn't cope with it, I'd be confused, what about the kids, blimey!

I'd be mortified tbh and be down the CAB, trying to find out how I start to seperate my life from him, even if it meant me moving out and getting HB, or seeing a solicitor to see about the house, I would not be seeking to rejoin it with sticky tape whilst maximising the benefits.

A little bit cross here tbh as something smells to high heaven and I thought I was giving info to help, something smells about this post, possibly wondering if you could get away with it and how they check. Maybe wrong but reading it back that's what I think and you will get caught that I can assure you.

I don't think this is clear cut. SEEK ADVICE.
There is such a concept as 'living apart together' .

what is clear cut, however, is that this is all rather ...

Once again, what emmyloulou said.

When I phone tax credits to state I was a single parent, I was asked when I started being a single parent. I said I moved out on the 21st. The call centre person replied 'okay, but you can be living in the same house and not be a couple' - so it is possible.

But I do think emotionally it will be a bad idea. I would phone the tax credits people before it happens and ask their advice.

Thank you, JeezyPeeps, I knew it wasn't clear cut. An acquaintance of mine lived in same house as ex and was deemed 'single'.

But, theexfiles, whatever you do, be open and upfront with the benefits people. Don't be tempted to hide the truth because in your eyes you're no longer a couple.
Let them decide if you are or not.

If he cant afford to keep two homes entirely why doesnt he pay you less?? It seems if he's hard up to not be particularly fair that he is paying your mortgage and bils and 'what ever the kids want' AND you are claims tax credits..

This may be way out of line but what is your contribution? If he lives with you and pays for everything I struggle to see how you could morally claim tax credits as a single person.

Sorry.

Have just realised what I need to add to the 'which threads bring out the worst in you' thread [shame]

Saying that Jeezypeeps is right, when I split from my ex I gave the tax credits people the date he moved out and they asked me how long we had been separated as I could claim from then... it was 2 months difference as we lived together but separated for 2 months.. I just couldnt claim that money though as all our finances were still joint until he moved out and he paid half the rent.

My friend lives with her ex and has done for 6 years. She informed the tax credits office when they separated and told them they live in the same house but not as a couple. They said as long as they are not living as a couple, she was entitled to single person's credits wh actually worked out more as she cares for the 4 children. They have joint finances and he pays all the bills. Every year at renewal, she reminds them of her living situation and they maintained if they are not living together as man and wife or co-habiting couple, they are single for tax purposes. Call them to confirm. Good luck.

My husband and I separated but still co-habited for 18mths. I would not have dreamt of claiming benefits as a single mother. He has left now and I have said he can't just come waltzing back, although as a joint owned house, he probably could. He's not paying anything going forwards, just given me one months normal input to the joint account as benefits don't kick in yet.
To be classed as living 'separate' as far as divorce is concerned, EVERYTHING has to be separate. Beds, food, cooking, bank accounts, no shared anything in fact. Can't even take the kids out as a couple.
If OP was investigated, despite the fact her DH is gay, for all intents and purposes, they are living as a couple. He just works away all week as do a lot of men. I'd think you have no chance.
How come he's still paying for so much extra, no wonder he can't afford to live independently? He could just pay maintenance for the kids and you'd have to live off whatever benefits you get. If you couldn't afford it then you could sell and split proceeds.
(disclaimer - this is from info I have been given for my personal circumstances).

My (now ex) husband and I shared the house while the divorce and house sale were going through

Tax credits told me that since he was still contributing towards the mortgage, I couldn’t be classed as a single person