tax credits advice-single or joint?

confused2k

i am a first time poster on here so please be nice to me! having read some of the other replies, i am quite scared!

i split up with my boyfriend a year ago and since then we have had single tax credit claims. we are both really struggling financially as he is unable to manage the mortgage on his own and i am struggling with rent. in addition we have 2 children together.

we have now decided that we will move back into our old home but not as a couple. we will be sleeping in seperate rooms. we will live together for purely financial reasons. it will make life a lot easier especially with the children. we are 110% sure that we have no feelings for each other anymore.

so today i rang tax credits to query whether we should make a joint claim as the information on their website wasn't clear. the lady checked her guidelines, told me that the guidelines stated we are a couple of we live together as partners even if one of us is away at times, then went to speak to a manager and came back to tell me that it was up to me to decide! i asked whether there was a specialist team who could help, she said no. the guidelines weren't clear enough and all i could do was write to them for a written explanation. it is impossible to get through to them so i said i would make a joint claim to be on the safe side and then we could change it if necessary once we had clarification but she refused to do this saying i had to wait until i moved back in. i explained we were in the process but she wouldn't take the details from me!

can anyone give me any advice please? they're saying it's up to me now but i don't want to be overpaid and then get into trouble if i've done something wrong.

dmg24

confused2k wrote: »

we will live together for purely financial reasons.

This would imply to me that you are LTAHAW for benefit purposes.

confused2k

dmg24 wrote: »

This would imply to me that you are LTAHAW for benefit purposes.

Sorry, what does LTAHAW mean?

LMCD

confused2k wrote: »

i am a first time poster on here so please be nice to me! having read some of the other replies, i am quite scared!

i split up with my boyfriend a year ago and since then we have had single tax credit claims. we are both really struggling financially as he is unable to manage the mortgage on his own and i am struggling with rent. in addition we have 2 children together.

we have now decided that we will move back into our old home but not as a couple. we will be sleeping in seperate rooms. we will live together for purely financial reasons. it will make life a lot easier especially with the children. we are 110% sure that we have no feelings for each other anymore.

so today i rang tax credits to query whether we should make a joint claim as the information on their website wasn't clear. the lady checked her guidelines, told me that the guidelines stated we are a couple of we live together as partners even if one of us is away at times, then went to speak to a manager and came back to tell me that it was up to me to decide! i asked whether there was a specialist team who could help, she said no. the guidelines weren't clear enough and all i could do was write to them for a written explanation. it is impossible to get through to them so i said i would make a joint claim to be on the safe side and then we could change it if necessary once we had clarification but she refused to do this saying i had to wait until i moved back in. i explained we were in the process but she wouldn't take the details from me!

can anyone give me any advice please? they're saying it's up to me now but i don't want to be overpaid and then get into trouble if i've done something wrong.

I agree with you on that one - but just take the good and ignore the rest.

but if that's what the tax credits have said after speaking to them...I would decide to claim singly and at least you are being honest.. just take note of name and date you called and even if you call back see if a note has been left and what manager was spoke to then surely you are not at fault? hope you get it sorted out.

dmg24

confused2k wrote: »

Sorry, what does LTAHAW mean?

Living together as husband and wife.

confused2k

LMCD wrote: »

I agree with you on that one - but just take the good and ignore the rest.

but if that's what the tax credits have said after speaking to them...I would decide to claim singly and at least you are being honest.. just take note of name and date you called and even if you call back see if a note has been left and what manager was spoke to then surely you are not at fault? hope you get it sorted out.

Thank you for your response.

I'm just worried that I will have to pay back if they later decide I have been overpaid! You would think they would be able to tell you something as important as that. I've been looking through posts on here and so many people have said they've recently been sent letters to ask whether their siingle claims are right... Well if tax credits don't know, how is anyone else supposed to know?!

DX2

I think you will be hard pushed to convince tax credits that you aren't in a relationship with your ex.

You have children together, you are pulling your money together to help each other out. Just because you aren't sharing a bed with him is pretty irrelevant. To the outside world you would just be like any other normal family.

AnxiousMum

Several things for you to consider to determine whether you are living together as husband and wife -

Who will do the shopping? Will you do a 'household' grocery shop, or will you be able to show 'his and hers' food shelves, fridge space etc.?
What are the care/custody arrangements for the children? What are the child support arrangements? Maybe an agreement from a solicitor might be in order to set that out - that maybe he pays you/you pay him child support and one of you is responsible for ensuring the financial needs of the children are met - or, you split everything 50/50 in terms of the financial arrangements for the kids?
Will you do activities together as a family?
Will you eat meals together?

Many people who would consider themselves very much a 'family' may not have feelings for each other anymore, may not share a bed/room for whatever reasons - but it is the whole picture you have to look at.

You say you are doing it purely for financial reasons. Will you share finances?

There are a whole range of things that would be taken into consideration in deciding whether or not you ARE a family, or that you APPEAR to be a family in the eyes of others.

If either you or your ex met someone you fancied......and you started a relationship - you could be opening a whole other can of worms as far as the 'friendship' with your ex goes, and the fact that he is now back under the family roof. Things change when an ex gets into a new relationship - and what is likely very amicable now, could turn very nasty.

[Deleted User]

OP:i am a first time poster on here so please be nice to me! having read some of the other replies, i am quite scared!

This saddens me that first time posters are put off seeking help...

FBaby

I would be very weary of what the person said. She might have meant that 'no you shouldn't be claiming as a single any longer'.... but you do what you want.... if you accept the possible consequences.

In the end, what matters to tax credits is not the status of your relationship, the fact that you don't like each other any longer and don't share a bed is none of their busines, but the fact that you will be sharing costs, and it is that 'sharing' outcome that means you most likely wouldn't be considered single any longer. It is after all the reason for you to get back together, to share costs as you are struggling separately.

I know how hard it is to cohabitate with an ex, I did it for a year and it was really stressful. Will you be trying to sell your house?

confused2k

FBaby wrote: »

I would be very weary of what the person said. She might have meant that 'no you shouldn't be claiming as a single any longer'.... but you do what you want.... if you accept the possible consequences.

In the end, what matters to tax credits is not the status of your relationship, the fact that you don't like each other any longer and don't share a bed is none of their busines, but the fact that you will be sharing costs, and it is that 'sharing' outcome that means you most likely wouldn't be considered single any longer. It is after all the reason for you to get back together, to share costs as you are struggling separately.

I know how hard it is to cohabitate with an ex, I did it for a year and it was really stressful. Will you be trying to sell your house?

We were best friends before we started our relationship, so I was hoping that we could probably go back to being good friends for the sake of the kids and because financially it all makes sense. I'm well aware however that it may not work, so yes we have decided we will pit the house up for sale after xmas and take it from there.

I rang tax credits again today and was told the same. There was no clear guideline that the situation I told them about, meant we should now be making a joint claim. I even explained that we would be sharing most financial commitments and childcare! However I have stopped my single claim anyway and they will be sending me a form to make a new joint claim. I feel it is safer like that!