Confused - Are we a couple

blue_monkey_2

kb92830 wrote: »

As for my partner being able to work we have two children one of whom is not yet at full time school so working is not an option

Yes she can, she can get childcare/nursery vouchers if she get CTC so send her back to work.

kb92830

BLUE,

It is clearly in your profile that you are self employed, it is the first day I have been registered here and have never spoken or come across you before. To be honest your personal opinion of either me or the situation is irrelevent. I am only interested in the facts.

And why should she go back to work just because you think she should.

Oldernotwiser

kb92830 wrote: »

I can understand your question but why wouldn't you claim something you are legally entitled too,

Surely the whole point is that you are not legally entitled to claim, as you have been informed.

missbunbury

Even if she is legally entitled to claim, I don't think you can justify it morally, if you're able to give her £3k a month. What if everyone did it? Imagine if all the employed people in Britain upped and went abroad to work, leaving only non-taxpayers behind? Suddenly there would be no tax credits for anyone, because no-one would be paying tax to pay for them, and this would be unfair on the people who didn't have anyone sending home money.

kb92830

Older,

Thats the point one agency says we can and one says we cant, I'm just asking who is right and who is wrong.

Miss,

I have paid in to the system for a great number of years, why should I have subsidised everyone else for all that time? As I said previously this is not moral just a factual question, if I pay in and then become eligible for a payment why wouldn't I take it. If you won the lottery would you give it back because you didn't need it, would you give it to the inland revenue as a charitable gift to support all of those non taxpaying individuals- I guess not. To be honest I would prefer if the welfare state were to be disolved, its currently supported by too few individuals who end up supporting a large number of people, the welfare state was devised to be contributed to by the majority and to provide benefits for all , it wasn't there for people like me to pay a fortune in tax and national insurance to subsidise others in the country. Perhaps the UK should look at the system because it is completely unsustainable and in danger of collapse, and sorry to burst your bubble but I could easily have chosen to stay in the uk as unemployed and claim benefits as so many on here would deem legitimately, but no, to ensure I could support my family I chose to accept a job 700 miles away and support them from a distance. Perhaps you think I should take the normal british attitude and just rely on everyone else. Perhaps th eblueprint for the welfare state system presented by lord Bevan in 1959 should be re-examined.

cheepskate_2

I assume that when you have asked this question to the tax credits it has went to a higher level to get an answer.
I used to work for tax credits and some info you get from advisors is just so wrong.

Due to the complex nature i.e you will still be a couple, you have children together and you will still be doing everything a married couple will do abeit for only a small time frame , but are not a uk national then I would assume (from exp) this is one to be sent to higher people in the credits office to decide.

Morally you are wrong in claiming them but I suppose there are people who will exploit any loophole to get something for nothing.

Not all of us claim things cos we can. My son didnt claim i.s which he rightfully could have when he finished schooling and was in between applying to go into the forces. We kept him, sometimes grabbing everything just doesnt feel right.

(Quote) but no, to ensure I could support my family I chose to accept a job 700 miles away and support them from a distance. ......???? but you dont want to support them , you want the taxpayer to do this if you can.

kb92830

Cheepskate,

You are right in what you say and in my original post I stated that it didnt feel right. The children tax credits department have said we cant claim as a couple because I have exceeded the 12 week temporary absence clause and therefore our claim has to be closed and a new one started for my partner as a single person with no income.

I'm not saying that what is happening is right, I was just looking for an answer as to why there are differences between the agencies.

Why we have to have a conversation about morals perplexes me, this is about a legal framework not subjective arguements.

In terms of support I do support them financially, this was quoted earlier, my girlfriend gets approximately £3000 per month for bills and food etc. I'm not asking the tax payer to support them, I'm just quoting what they say

cheepskate_2

kb92830 wrote: »

Cheepskate,

The children tax credits department have said we cant claim as a couple because I have exceeded the 12 week temporary absence clause .

Is this just the advisor on the phone or has it been passed as a referal to someone in higher authority.

kb92830

It has been passed higher, and I have a copy of the legal document that confirms it. As stated, I didn't write it.

kb92830

Cheepskate,

Here is the quote:

If you are a couple or a polygamous unit, both or all of you have to be in the UK. A consequence of this is that if, for example, you are a couple, and one of you goes abroad for longer than 8 or 12 weeks, you are deemed by tax credit law to have separated, even if you have no intention of ending the relationship.

it then goes on to say:

But if the claimant stays abroad for longer than the permitted 8 or 12 weeks, their award comes to an end because they are no longer 'in the UK'. If the claim is a joint one, the partner who remains in the UK must make a single claim once the 8 or 12 week permitted period has expired.

and finally:

Temporary absence means, for tax credits, any period of absence from the UK which at the start is not expected to last more than 52 weeks.

I am on a permanent contract in switzerland with a 5 year residency permit, I don't plan to return to the uk as a resident within 52 weeks except for visits for which purposes I would be deemed as a tourist.