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Working tax credits help needed please.

I am posting on behalf of a work colleague who does not have internet access but I think I have most of the details needed.

The situaution is this.
The lady is an agency worker but is always at the same location.
She lives in rented accomodation.
When she moved into this accomodation she signed the tenency agreement along with her then partner.
Since then she and her partner have agreed that thier relationship is not working as a couple but, as they are still good friends, they have agreed to both stay on in the house because its cheaper than looking for 2 seperate places and as there are 3 bedrooms they can each have thier own space.
They are both still paying the rent 50/50.

As she is an agency worker her hours are 37.5 a week but, it can vary and on the odd week she may only get 2 days work. From the end of August she will be on 5 days every week due to the run up to Xmas.

Having spoken to a lot of the staff where she works (70% are agency workers) most seem to be claiming working tax credits.

The problem is that when she tries to fill in the online application it asks if you are living with someone as 'a partner' and details of thier wage is needed. Now they are not living togather as a couple any longer BUT they have a joint tenency.

Can she still make a claim?

On the same subject, another of the young girls working there also has asked a question about claiming. She too has tried the online application form but she lives with her father and his partner and even though the form she filled in says she qualifies it says 'you qualify based on your housholds income'. Will she still qualify even though she lives with her parents. I cant seem to find anything on the Benefits website that clarifies this.

Any advice would be appreciated, thank you.

Comments

  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    swingaloo wrote: »
    On the same subject, another of the young girls working there also has asked a question about claiming. She too has tried the online application form but she lives with her father and his partner and even though the form she filled in says she qualifies it says 'you qualify based on your housholds income'. Will she still qualify even though she lives with her parents. I cant seem to find anything on the Benefits website that clarifies this.

    Any advice would be appreciated, thank you.

    WTC is based on your income and that of your partner - not your parents if you live with them.
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  • swingaloo
    swingaloo Posts: 3,627 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Thank you for the reply,. Do you know anything about scenario number one whereby a couple who were living together as a couple but are now just sharing a property?
  • nannytone_2
    nannytone_2 Posts: 13,004 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    youve just said it yourself.....a couple!
    it'd be quite difficult to convince anyone that they arent a 'couple'
    as they have signed a lease together.........i assume they pay bills together?
    and what about food? do they have their own shelves in the fridge or do they shop and cook jointly?
    all these things (and more) will be considered if a claim is made.
  • swingaloo
    swingaloo Posts: 3,627 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I understand what you mean about it being difficult to prove they are no longer a 'couple' couple.

    They still have both names on the tenency agreement. If they seperate they will have to find 2 new places and will both be so much worse off. When they were 'together' they pooled incomes and expenditure. Now they half the bills but as he earns a lot more than her she is struggling.
    As for the food and cooking, they each buy thier own food and cook for themselves. He has a car, she dosnt have use of it now. Although they are friends they dont have joint evenings out or anything like that, thay both go thier own way.

    It seems shes a bit stuck, if she cant get any help with enefits she cant really afford to live there. Silly really because if she has to move out she will propbably qualify for help and he may do so as well.
  • Duncombe
    Duncombe Posts: 509 Forumite
    I agree, she will find it damn near impossible to convince ANYONE they are no longer a couple.

    I can appreciate that these situations do arise, but there are alot of people trying (and succeeding) to claim benefits fraudulently. As they signed the tennacy together (as a couple), both still live at the property and no doubt the bills have remained in joint names even if they each pay half....it is not going to be easy.

    I would suggest they both try and find alternative accomodation and your friend can begin to start life on her own - claiming the benefits she may be entitled to. That way, no questions will be asked or eyebrows raised.
  • DanE2010
    DanE2010 Posts: 1,909 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If they no longer consider themself a couple and are living seperate lives - as in living in seperate bedrooms, buying their own food and cooking their own meals, splitting the bills etc then they would not be classed as a couple. Tax credits do have information on this, look on the HMRC website or call the helpline and they can advise you, you can still claim tax credits even if your ex partner is still at the same address and the fact they signed the tenancy agreement wouldnt be a reason to refuse her claim, perhaps she could inform the landlord they are seperated and would like to have a tenancy agreement each to make it clear they are now just flat sharing and not living in the household as a couple? The best thing to do is call the tax credit helpline as im sure they have people in the exact same situation call in everyday so will be able to give you the facts.
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