Seperated but living together

gibboking

Hi There!!

Briefly.... Hubby and I have recently come to the conclusion that our marriage is no longer a loving happy one and realise that we are much better as friends than HAW.
However we are 'stuck' with each other for the forseeable as we have a mortgae and joint debts etc and neither of us can afford to move on as the other couldnt survive alone in the house. Every penny we eaarn goes into the house.
I rang tax credits to ask advice on what would happen to my TCs if we were to seperate just so we had an idea on what our options would be and to my surprise I was told that I could start a new claim as a single person even though we are still living under the same roof?
Has anyone else heard of this happening before?
Are there certain criteria we need to be following?
We now have seperat accounts and one joint for household bills etc.
But we are still unable to completly seperate until we have sold the house or found a way around keeping it.
The children are unaware as it would be very confusing for them, we decided to tell them when hubby is in a postion that he can move out.
Its a good job that we get on otherwise things could be quite difficult.
I have no idea on benefits, tax credits etc so unsure if i could be claimimg other things but I have looked on entitledto and my TC award is correct. Apparantly I can claim single benefit on council tax but not doing that til hubby has moved out, cos Its so complicated and Im so scared we are going to get into trouble, even though I checked twice with TC.

Thanks in advance for any advice

viktory

Personally, I would get something in writing from the tax credits department. I would imagine that any claim for 25% single reduction on your council tax will have to wait until your husband has moved out as will any other single person benefits.

CIS

I would imagine that any claim for 25% single reduction on your council tax will have to wait until your husband has moved out as will any other single person benefits.

Thats correct - irrespective of being a couple there are at least two occupiers aged over 18 so no discount is applicable.

Caz3121

gibboking wrote: »

Has anyone else heard of this happening before?
Are there certain criteria we need to be following?

There have been cases on here of people in similar situations...I am guessing it will be pretty much the same as an unmarried couple proving they are not living together as husband and wife....sleeping separate rooms, not cooking and eating together, doing your own washing, not doing things as a family having your own bank accounts etc
There will be genuine cases but there needs to be some controls to stop every married couple claiming as single people

AsknAnswer2

I claimed tax credits as a lone parent when my ex still lived in the house (he refused to leave) and had no problem with it. I was warned though that they may ask for evidence of our seperation if compliance ran a check, which wasn't difficult to prove because in my case because of the circumstances of our relationship breakdown. I did have compliance involvement eventually but like I say, the seperation could be proven rather easily so I had no trouble with that.

People can claim social security benefits when they are seperated and living in the same property, usually a compliance officer will pay a visit to establish the facts of the case though - each claim is based on its own circumstances, measured against the criteria set for each individual benefit.

They are unlikely to place it in writing to you that you can claim as an individual whilst living with your ex unless they have carried out a compliance investigation and have reached the conclusion that you are not partners. They may say that a seperated couple can claim as individuals in some circumstances and the circumstances you describe indicate that you would not be considered partners, but that they may check periodically to establish if you are partners, or they may refer you to their departmental guidelines. Fact of the matter is that unless compliance run a check they cannot state unequivicolly that they accept you are not partners.

Like other benefits, they accept what the claimant tells them unless there is some information which comes to light which suggests the claimant hasn't been entirely honest in their declaration, that's when compliance would become involved and make a decision on all of the facts.

It is noted though that tax credit do accept couples can be seperated in the same property and submit individual claims more readily than Social Security benefits. A seperated couple living in the same property is usually a red light with other benefits.

In respect of the 25% discount for council tax, that is nothing to do with tax credit and they had no business advising you on it. This discount is a single occupancy discount, where the council tax payer is the only adult living in the property. So you wouldn't be entitled to this whilst sharing the property with your husband.

Oldernotwiser

Is there any advantage in convincing anyone of this tricky situation? Why can't you be separate emotionally but carry on as before financially?

bestpud

To be classed as separated for benefit purposes, you should be leading completely separate lives, albeit under the same roof.

I'm confused how you will do this without alerting your children to a 'problem'?

Children aren't stupid so I'm sure it will be better to tell them than have them wondering why daddy no longer eats the same food as them, or sleeps with mummy, or does his own shopping etc.

gibboking

Thanks guys.

Hubby and I still get on as friends.
We just both know that we are not suited as a couple but at the same time realise that we have joint commitments ie children and house, debts etc.
We are responsible people and want to do the right thing by all parties including ourselves.
The children do not notice as we are hardly ever together as a family. Hubby goes out to work very early and I deal with the day to day things school run etc, then I go to work in the evening 3 days a week, there is a cross over period where my mum has the children, and then i dont get home til 11.30pm, when i find my husabnd asleep on the sofa (we dont have a spare room).
On the evenings when we are both 'home' one or the other of us go out with friends so we have 1 night out each. then I work every other weekend too.
So as you maybe able to tell there arent many times when we are together for the children to know any different.

nannytone_2

you are obviously still 'joint' financially.
why do you want to claim extra benefit when your situation hasnt changed, apart from the fact that you no longer share a bed?

gibboking

I just wanted to see if anyone knew if this situation was above board or not, as I dont want to find myself in hot water over this.
I merely called tax credits for their advice and was informed I could make a claim as a single person.
At the moment I am still doing all of the shopping but we do eat seperatly as its very rare that we are together at meal times.

nannytone_2

if the bills are pid jointly and the shopping is done jointly you are a couple!