single claimant or not?

inuwoman

I am hoping to find the answer to this question on here rather than having to phone the tax credits people. I have been claiming as a single claimant for the last 2 years but am now beginning to doubt that i really should be, my partner was a non uk resident for the first year of this claim and although he now is in the uk he lives at the other end of the country for much of the year, renting. The reason i am worried is that we jointly own our property in the north which i and our two children live in, i am unsure whether this should alter things. He pays for the morgage and regularly pays money into a joint account for some of the bills. I work part time and pay for the remainig bills and for the childrens childcare and food etc. I initally i was told that because he is away so much and only home once every few months on average that i am really classed as a lone parent. Anyone know if this is right??

lil_me

Contact the benefits office telling them exactly what the situation is, as you have just done in your post. They will soon tell you if you should be claiming as a couple (which looking at the information you have provided should have been since all of that started, it looks similar to what forces staff do all the time and they are classed as couples)

[Deleted User]

For Tax Credits at least you should be classed as a couple as your partner is supporting you.

You dont need to live with your partner for all of the year to be classed as a couple. Living with you for part of the year and supporting you financially counts as being a couple.

It is a common mistake that people think that if their partner is a non-resident and/or does not have recourse to public funds that they should omit them from their claim form - this is incorrect.

Even if your partner doesnt have recourse to public funds you will still be able to claim as you cannot be penalised. However, as Tax Credits are income based they need to know the household income - including the partner's - to calculate your entitlement.

So it sounds as though your partner should have been on your claim all along - contact TCO immediately. You may have a large overpayment but at least you will be acting within the law.

If you dont tell them and you are chosen for a compliance investigation it can get messy.

**Send in a full written explanation to them by recorded delivery rather than just calling them**

Icequeen1

I would recommend that you go and get some advice from someone (maybe Citizens Advice etc)...if you do send a letter stating that you believe you have claimed incorrectly then the following is likely to happen.

Your current single claim will be ended retrospectively, as far back as they have determined you were a couple (could be the whole period). You will then have a large overpayment of all of the tax credits you have received.

Given that you made the error at the point of claim, it is possible you may be able to use the notional offsetting provisions in the compliance manuals to have what you would have been entitled as a couple offset against what you actually received, but if your partner earns then I suspect that you may still have an overpayment.

As it is quite complicated I would recommend you seek advice, and of course endorse telling HMRC if you think you have claimed incorrectly.

IQ

withabix

inuwoman wrote: »

I am hoping to find the answer to this question on here rather than having to phone the tax credits people. I have been claiming as a single claimant for the last 2 years but am now beginning to doubt that i really should be, my partner was a non uk resident for the first year of this claim and although he now is in the uk he lives at the other end of the country for much of the year, renting. The reason i am worried is that we jointly own our property in the north which i and our two children live in, i am unsure whether this should alter things. He pays for the morgage and regularly pays money into a joint account for some of the bills. I work part time and pay for the remainig bills and for the childrens childcare and food etc. I initally i was told that because he is away so much and only home once every few months on average that i am really classed as a lone parent. Anyone know if this is right??

Sounds like this would be treated as benefit fraud to me...

Conor_3

Seconded, especially with the fact she's not declared the financial aide that he's been giving her by paying some of the bills and the mortgage.

If she's claiming mortgage interest as well, I fear she's in for a royal shafting by the benefits agency.

inuwoman

many thanks i have contacted the tax credits office, explained the situation and am awaiting a new claim form.

suelees1

withabix wrote: »

Sounds like this would be treated as benefit fraud to me...

Depends whether there was fraudulent intent. It doesn't sound like it to me, rather that it was done this way due to lack of knowledge or understanding.

I do agree claim(s) should have been made as a couple though.

[Deleted User]

withabix wrote: »

Sounds like this would be treated as benefit fraud to me...

As the claimant has come forward and declared the correct information to tax credits she wont be pursued for fraud.

However the OP must also inform any other relevant benefit agencies to also make them aware.