Am I in trouble?

tinkerbellisposting

Kath3844 wrote: »

CTC have no idea where he has been. They just know we split up, and are now back. It could have been my dad supporting me or a pension or something. They are just querying how I was supported in the time i was single. They know nothing about him coming back at weekends.

What an odd statement. So he has been working away and coming back weekends, supporting you as his family that makes you very much a couple. Many couples are apart for the working week.

I hope by that statement you are not suggesting you are going to lie even more to CTC about your income:eek:

Kath3844

OMG no. I am not going to lie. Its just that everyone is assuming that the CTC know all about him. I think they are more bothered THAT I have been supported, not by whom.

I talk about answering the questions differently this time on the form as I was unaware that income was motgage payments etc and not a wage, and therefore, with that information I now need to claim correctly.

Oh no, I wont be going down that street again!

tinkerbellisposting

Kath3844 wrote: »

OMG no. I am not going to lie. Its just that everyone is assuming that the CTC know all about him. I think they are more bothered THAT I have been supported, not by whom.

I talk about answering the questions differently this time on the form as I was unaware that income was motgage payments etc and not a wage, and therefore, with that information I now need to claim correctly.

Oh no, I wont be going down that street again!

They will be bothered by whom as you have declared yourself as single have you not? I think CTC will know about him as don't the benefits agency have access to your utility bills and things, I presume all this just carried on as before from when you decided to split? There was a specialist tax credit thread on here, where people were being asked to send in their bills and things like that. Should be around page 1 or 2.

I don't see how you could have been single when he is paying all the bills, they are all in his name and he is staying there when he is off work. I think you may have an issue there that is just my opinion however. I hope it works out.

Plus if they deem you to have been acting as a couple, it's not just the household expenses you should of declared it would have been HIS WHOLE income.

adolphin10

When my ex and I separated he contiued to live in our house on days when I was at work to look after the kids, he also covered everything he had been covering before he left. However he was living with his new partner so therefore surely I was single? The payments he made were maintenance and this does not need to be declared for tax credits (although it was obviously a lot higher than my maintenance now that we have sorted everything out it was only whilst we were trying to sell the house).

tinkerbellisposting

adolphin10 wrote: »

When my ex and I separated he contiued to live in our house on days when I was at work to look after the kids, he also covered everything he had been covering before he left. However he was living with his new partner so therefore surely I was single? The payments he made were maintenance and this does not need to be declared for tax credits (although it was obviously a lot higher than my maintenance now that we have sorted everything out it was only whilst we were trying to sell the house).

Well you were single, I presume in your case your husband was registered as living a this new address and paying the bills there and having his post go there, thing like work, council tax, electoral roll?

However in this thread from what I have seen, it's merely a case of him working away and returning home when work allows. With a verbal agreement to split.

I think you were lucky not to be questioned in all honesty as child maintenance is not included but I think that is discretionary now as in how much is actually child maintenance and how much is spousal income.

Tax credits have really clamped down this year they want bills etc to prove you are single not to mention cross referencing things with experian now as I have just found out. I never knew they did this, seems a new thing.

It dosen't bother me, I was following the specialist renewal thread as I was expecting one due to my claim figures. It seems anyone who has a ? over their childcare OR relationship status is being "investigated" and asked for further proof such as bills in their name etc.

Unless there is a huge chunk of info missing I don't see how op is going to convince them she was single not a couple where her husband was working away. Maybe wrong.

jetplane

Are you really that naive? When you complete your tax credit application you have a large booklet with notes which tells you what counts as other income. Have you looked at this because maintainance for the kids is ignored. Many seperated couples have arrangements for their ex to pay the mortgage but I think its the fact that all of the bills stayed in his name and he paid them, gave you housekeeping and lived with you when he was home that throws doubt on your claim to be single.

The IRS will want to know how you supported yourself, and they look at facts and not emotional pleas. However any investigation has to look at the whole picture and there are a few considerations as to what constitutes a couple. It is not whether you were sleeping in the same room, as many married couples don't sleep together for different reasons. Typically the things they can look at is are you perceived as a couple by others, do you shop for food for him and eat with him when he is home, do you socialise together when he is home? Do you still have a joint bank account or did you open a new one? These are just examples they are not written in stone.

The timing looks suspect, you decide to split up just when he goes to work abroad, then he comes home for Xmas and ever since he has been coming home at weekends and now you are getting back together? Please don't tell me his job has now finished?

It looks to an outsider that he has simply been working away from home and this is how the IRS may view it. I would strongly advise you seek advice no matter how tongue tied you get as you will need help to challenge any adverse decision and good advice can save a bad situation from getting worse.

The worst case scenario would be that the IRS decide you were never single and his income should have been declared and you have made a fraudulent claim. A qualified adviser will know exactly what is income and what is not and also will be able to help with evidence that you were not living together. They will also be able to look at your personal circumstances rather than us giving general opinions on here.

A letter from a solicitor at the time stating you were legally seperated would have done the trick. Sorry to sound so blunt but you need to deal with it and 09/10 returns are due back tomorrow!

tinkerbellisposting

jetplane wrote: »

The timing looks suspect, you decide to split up just when he goes to work abroad, then he comes home for Xmas and ever since he has been coming home at weekends and now you are getting back together? Please don't tell me his job has now finished?

It looks to an outsider that he has simply been working away from home.

A letter from a solicitor at the time stating you were legally seperated would have done the trick. Sorry to sound so blunt but you need to deal with it and 09/10 returns are due back tomorrow!

That's what I thought and it does not look good for her as the timing does look suspect, from the 1st post.. on the understanding that he would not be so generous when I was in employment(which I will be in Sept)

Get job abroad declare as single, get declared as a couple again just when the household income is going to pick up. I didn't want to say anything or come across as trying to suggest any dishonesty but that's how I would view it.

I think you are right she should get proper advice without a formal seperation in place. Wise idea.

Kath3844

Someone on another forum posted the following



A number of things are taken into account when determining whether two people are a 'couple' as far as benefits are concerned.

-What official documents did you have changed when you split eg council tax bills?

-Did he make plans to live elsewhere?

-Did you close any joint accounts?

-When he stayed in his spare room, who cleaned and tidyed it, washed the sheets, hoovered etc?

-When he was home did you cook for him and eat meals together?

-Did you continue to socialise together?

-Did your friends/family consider you to be a couple?

-Did either of you date anyone else?

-Did either of you buy things for each other eg food, clothes, gifts?

-Did the way he paid the bill change? eg did he start transferring money into your account instead of paying directly himself?

High maintenance payments themselves do not exclude you from CTC as they are not counted as income, it depends how all the pieces ad up.

tinkerbellisposting

Kath3844 wrote: »

Someone on another forum posted the following



A number of things are taken into account when determining whether two people are a 'couple' as far as benefits are concerned.

-What official documents did you have changed when you split eg council tax bills?

-Did he make plans to live elsewhere?

-Did you close any joint accounts?

-When he stayed in his spare room, who cleaned and tidyed it, washed the sheets, hoovered etc?

-When he was home did you cook for him and eat meals together?

-Did you continue to socialise together?

-Did your friends/family consider you to be a couple?

-Did either of you date anyone else?

-Did either of you buy things for each other eg food, clothes, gifts?

-Did the way he paid the bill change? eg did he start transferring money into your account instead of paying directly himself?

High maintenance payments themselves do not exclude you from CTC as they are not counted as income, it depends how all the pieces ad up.

And? What is your point, are you trying to use the maintenance line? I don't believe for one minute the person looking at your finances will believe you have been getting child maintenace from a seperated partner judging from your first post.

Either you are being very naive or deliberately trying to pull the wool over peoples eyes. You came in here desperate for help asking a poster not to go, yet have not really given any background to the essentials.

Have the bills still been in all his name? Has he been paying the bills out of his or a joint account? Have you made any effort to split your finances, get a seperate council tax bill, get him on the electoral role elsewhere? If it's a no and you have been carrying on as you were together without any formal agreement in place and with him just working away, I think you should follow jetplanes advice and speak to someone seriously about what may happen if they decide you were a couple and you deny it.

It sure looks like it from this angle, there are various things which are taken into account with regards to relationship status but I think you will be stuck if you have made no effort to seperate finances at all and he has been staying at the family home.

I can't help anymore than that, I just know that tax credits this year are taking couple fraud really seriously and it does not seem to be sinking in how you are coming across. I am out:(

bestpud

Looks like fraud to me!

Sorry but you must think we (and the dwp) came down in the last shower!

Hold your hands up and hope they don't prosecute!