Am I in trouble?

sparrowsfart

Kath3844 wrote: »

Am worried.
EX DP and I decided to split last may 2009. We ahve 3 kids(eldest aged 9 from my previous marriage)
We decided not to tell the kids just then as he had just accepted a job overseas and they were a bit wobbly about that, and we thought that telling them about a split wouldnt help them any.
I set the wheels in motion to claim child tax credit as a single person and not as a couple, and that was in place almost immediately.
EX DP came back at Christmas, and then decided to terminate his contract overseas, as had missed the kids too much.
He continued to pay the mortgage and all bills(as he had when he was away) and also gave me maintenance for the kids(I am unemployed) on the understanding that he would not be so generous when I was in employment(which I will be in Sept)
When he came back at Christmas he stayed here(we have 5 bedrooms and he slept in the spare room -which he had for a long time, so nothing unusual to the kids there)
He then got a job in London, which he has had since. He comes back every saturday morning to see the kids and goes back every sunday afternoon(still in the spare room)That has been since Christmas 2009
We ahve decided to try and make things work now, and I have rung the child tax credit people to say that I no longer want to claim as a single person, but as part of a couple. They asked me how I had supported myself in the time that he was gone and I told them the truth, CTC and Child benefit and payments from EX DP.
They explained that CTC would stop etc and they would be in touch.
Got in tonight and there is a letter from them. Basically asking for more info regarding any income or benefits I may or may not have been receiving.
I am worried because the forms reference is 'impCourt' - does that mean impending court???
I realise that I have been very lucky in that my EX DP/DP has been so generous. Nobody asked who was supporting me originally, and I really didnt see that I was doing anything wrong.
Was I?

I have visions of being chucked in jail and not seeing the kids.

Quote from HMRC:

If your partner is outside the UK


If your partner lives outside the UK you should normally make a single claim. But you will need to make a joint claim if either of the following applies:

• your partner is only abroad for less than eight weeks, for example if they're just on holiday or away on a short business trip - if they go abroad for eight weeks or more you should let the Tax Credit Office know by calling the Tax Credit Helpline, they will help you make a single claim over the phone
• your partner lives or works in a country in the European Economic Area (EEA) or Switzerland

According to HMRC rules, as he was working and living abroad for over 8 weeks, you may have had to claim as a single person anyway, regardless of whether you were still a "couple" or not. (Depending on where he was working of course).


Though I can't say what they will make of your status since his return to the UK.

ErisBadb

bestpud wrote: »

Looks like fraud to me!

Na. I disagree. Surely she would have claimed IS and HB if she wanted to commit fraud???

It is possible to be living in the same property but not counted as in a relationship.
I think as previous threads suggest that how your separation is viewed will depend on wether it looks like you separated. Did you have single bank accounts, put the bills in your name. Where was your ex's belongings whilst away? How did you appear in public? Did you have any intention of resuming living together. Did family / friends know of your split? Were you having a sexual relationship?
Maintenance isn't enough on it's own to say you were a couple. The fact that he was in the spare room when he did visit makes it appear that you were separated.
- ' you must spend the major part of your time in the same household. If one of you has a separate address where you usually live, you should not be considered to be cohabitating. You cannot be a member of more than one household at the same time...'

There are a whole load of things that may support your claim of being separated. I would start compiling a list and get help from the CAB.

It may just be that HMRC wants to check that your income meant you were eligible.

Do not back down from the truth :cool2:

bestpud

I think they avoided IS and HB because they realise they will be more open to checks and/or being caught out tbh.

They mistakingly believed they'd get away with it if they just went for tax credits.

Yes it is possible to live in the same house but steps must be taken if they want to claim benefits. Otherwise everyone would be doing it!!

That's my opinion and I really hope they are asked some serious questions about this!

Jomo

Sounds suspicious to me, if you split from somebody you take 'some' kind of steps to separate yourself...especially financially. Hmmm if you are given the benefit of the doubt in this...very very silly.

ErisBadb

bestpud wrote: »

I think they avoided IS and HB because they realise they will be more open to checks and/or being caught out tbh.

They mistakingly believed they'd get away with it if they just went for tax credits.

Naa I still disagree;). This suggests knowledge/ research of the benefits system and if that was the case then why didn't they change the bills to her name and opened separate bank accounts etc.? -
Regardless - surely we can only advise someone on what they are actually saying is the truth? We can second guess motives to infinity and we will all have a different idea based on experience.........

Jomo

ErisBadb wrote: »

Naa I still disagree;). This suggests knowledge/ research of the benefits system and if that was the case then why didn't they change the bills to her name and opened separate bank accounts etc.? -
Regardless - surely we can only advise someone on what they are actually saying is the truth? We can second guess motives to infinity and we will all have a different idea based on experience.........

....or lack of knowledge...

You have to seek out what you can claim, you don't get it handed to you on a plate!