Confused - Are we a couple

Golden_Anemone

kb92830, I hope you don't think I implied that you or your partner were dishonest. I do take issue with the position you describe but it is the policy which could permit such clear inequity rather than you personally which I wish to criticise. May I ask what the amount of CTC has been awarded?

I pointed out elsewhere that the definition of maintenance on the HMRC site does not specifically include spousal maintenance though it does not specifically exclude it either. Can any of the TC experts on the site here comment on how spousal maintenance is normally treated?

kb92830

Golden,

No offence taken, I took it you were just asking a question, the Direct.gov website just states that maintenance from a former partner will not be included as income, it doesn't define whether that be child or spousal. The thing to bear in mind here is even if it is spousal I still have an obligation to house the children which is what ultimately the spousal maintenance would be used for in additin to normal utility bills etc. Dont forget my girlfriend has no income so there is an obligation to her as she is the parent with care. I guess as well that because it is non means tested they don't ask about income from other sources other than earned income. And despite what somebody implied on another thread in the discussion forum she doesn't earn it by entertaining me when I go back to the UK.

To be honest I dont want to put the figure on here as it will just create more arguements, but she has been assessed as having no income so it is easy to work out what was awarded.

I too think the system is mad, but this is a result of de-registering, the law states if absent for more than 8 or 12 weeks dependent upon the reason for being absent then she automatically gets assessed as single.

Golden_Anemone

kb92830 wrote: »

Golden,


To be honest I dont want to put the figure on here as it will just create more arguements, but she has been assessed as having no income so it is easy to work out what was awarded.

Fair enough, I understand.

A big part of me is just plain jealous I suppose! :rotfl:

nannytone_2

maintenance from a 'former' partner. former is the magic word really.

kb92830

kb92830 wrote: »

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.

.

Nanny,

The legal statement is clear. they say we have seperated even if we say we haven't.

Killmark

kb92830 wrote: »

Nanny,

The legal statement is clear. they say we have seperated even if we say haven't.

When applied to tax credits correct but not necessarily for other benefits e.g Income Support as its been established different criteria are used.

On the spousal maintenance side there is also that you have no legal obligation to pay it, only child support.

sunnyone

kb92830 wrote: »

Golden,

No offence taken, I took it you were just asking a question, the Direct.gov website just states that maintenance from a former partner will not be included as income, it doesn't define whether that be child or spousal. The thing to bear in mind here is even if it is spousal I still have an obligation to house the children which is what ultimately the spousal maintenance would be used for in additin to normal utility bills etc. Dont forget my girlfriend has no income so there is an obligation to her as she is the parent with care. I guess as well that because it is non means tested they don't ask about income from other sources other than earned income. And despite what somebody implied on another thread in the discussion forum she doesn't earn it by entertaining me when I go back to the UK.

To be honest I dont want to put the figure on here as it will just create more arguements, but she has been assessed as having no income so it is easy to work out what was awarded.

I too think the system is mad, but this is a result of de-registering, the law states if absent for more than 8 or 12 weeks dependent upon the reason for being absent then she automatically gets assessed as single.

Thats a load rubbish, tax credits are means tested or did you tink that everyone got the same:rotfl:?

You have to declare most other income for tax credits, even the intrest from bank accounts over £300PA.

gorgeousgeorge

nannytone wrote: »

from 14th april, maintenance is NOT classed as income for means tested benefit. crap innit lol

Tis disgusting, so the state pay for children and also the absentee parent does as well with maintenance..... hmmmmmm :mad:

joby1

kb92830 wrote: »

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

DWP and HMRC are completely different departments and have different rules, i doubt very much that the people who write those rules will read your post so you will never get a certain answer.....but sometimes we have to accept what we are told and get on with it, theres no point arguing the toss about this, really is there ....... one dept class you as a ptr and one doesnt !!! But 3k in maintainance and claiming benefits on top of this seems a bit wrong and i wouldnt do it, but thats my personal opinion