Tax Credits Compliance Checks

AP16

Hi everyone,
I am looking for some piece of mind and some advice please. I received a letter at the weekend regarding my tax credits claim stating that they were carrying out a compliance check. I am a single mother of two children. I have been separated from my husband for over three years now.
He owns the house that I have recently moved in to. I do not claim housing benefit or council tax benefit because we have an amicable agreement that he does not pay child maintenance but pays the mortgage every month. This way, the children and I have a stable home for the forseeable future. The compliance letter states that it shows my husband is living with me but this is not the case and has not been for over three years.
His name is on all the bills alongside mine,and he uses this address for work, bills etc including council tax because he wanted to keep everything right for credit purposes, but other than that, there is no connection. We keep everything good for the two children, but this has now worried me. He does not have a permanent address hence the reason he still is registered to this address.
I am putting together all the requested information for them but not sure how I can prove that he is definitely not living with me.
I have a letter from my solicitor to prove our separation and I pay all the bills - this shows on my bank accounts.
Any advice welcome.
Thanks
AP

brians_daughter

AP16 wrote: »

Hi everyone,
I am looking for some piece of mind and some advice please. I received a letter at the weekend regarding my tax credits claim stating that they were carrying out a compliance check. I am a single mother of two children. I have been separated from my husband for over three years now.
He owns the house that I have recently moved in to. I do not claim housing benefit or council tax benefit because we have an amicable agreement that he does not pay child maintenance but pays the mortgage every month. This way, the children and I have a stable home for the forseeable future. The compliance letter states that it shows my husband is living with me but this is not the case and has not been for over three years.
His name is on all the bills alongside mine,and he uses this address for work, bills etc including council tax because he wanted to keep everything right for credit purposes, but other than that, there is no connection. We keep everything good for the two children, but this has now worried me. He does not have a permanent address hence the reason he still is registered to this address.
I am putting together all the requested information for them but not sure how I can prove that he is definitely not living with me.
I have a letter from my solicitor to prove our separation and I pay all the bills - this shows on my bank accounts.
Any advice welcome.
Thanks
AP

Ok 1st thing 1st if he is on the household bills etc for 'credit purposes' and isnt living there he is committing fraud every time he completes a credit application if he doesnt live there.

Look at it this way... man doesnt live in his house as his wife and kids do but he is of no fixed address and all his post ect goes to his house, that he doesnt live in, but his wife does? AND hes on the electoral role and pays ct there too??Sounds fishy eh?

the letter of seperation may assist, but TC could say you seperated but got back together.... many people do. ALL our bills come out of my account too but that doesnt mean i am paying them alone does it?

You will have (as far as i can see) a massive struggle proving he doesnt live there when everything else points to the fact he does! where does he keep all his clotehs if he has no home? all these are things you need to be prepared to address with the officers who visit

what about bank accounts? is that just in your name? I woudl see the CAB ASAP,

lorelai34

To be honest I think this sounds like it should be a joint claim because the bills are in both your names and he pays the mortgage. By him paying the mortgage it sounds like you are finacially dependent on him and this is what tax credits will be looking at. As far as they can tell he does live with you as his employer has your address and so does the council. If you are claiming tax credits as a single person then it doesn't really add up that you wouldn't claim the other benefits associated with it eg you mentioned council tax benefit( is this the same as the single person reduction?). You can't tell the council you arent single but then tell hmrc you are.

compoff

Where has your husband been living in the 3 years and why has he not been able to use his other address(s) for his employment and financial applications? Put simply, if you have no proof of him residing at another address, then it looks to me as if your single claim will be ended.

emma10000

Hi, the same thing happened so my friend. She was claiming as a single claim, however the father of her children is a traveller. She received a letter advising her to contact the Tax Credits. When she did, that said that they believed she should be claiming as a couple. His name was not on the mortgage or the voting list. He never had any bills linked to the address. The only thing that was regestered to the property was his car. (this was because he never had a fixed address). The decision from HMRC was that she has to pay back £13000 and they have stopped all tax cedits. She has not received any payments for the last 6 months and the CAB (who thinks HMRC has reached the wrong decision) is trying to take up the case with HMRC, however they have informed her that she cannot make another claim- joint or otherwise until the money has been paid back. She is now surviving off her income of £900 per month. So, I am very sorry but HMRC WILL class you as having a partner. They will stop any payments and you will have to repay any money.

AP16

Hi all,

thanks for the advice. I am not in the best situation, but all the advice is pointing to what I thought. Other than my ex getting a permanent address and changing his details etc, there is nothing I will be able to do. It is actually not worth the headache. Yes, I need the money, but not to the point that I want to be made to feel that I am doing something illegal or wrong. I will contact them today to get it sorted.
thanks again.

sunnyone

AP16 wrote: »

Hi all,

thanks for the advice. I am not in the best situation, but all the advice is pointing to what I thought. Other than my ex getting a permanent address and changing his details etc, there is nothing I will be able to do. It is actually not worth the headache. Yes, I need the money, but not to the point that I want to be made to feel that I am doing something illegal or wrong. I will contact them today to get it sorted.
thanks again.

Its a bit late for him to get a perminant address now, the horse has bolted.

They may make you repay all the tax credits you have had for the last three years, from the details you have given it certainly looks like he still lives with you and always has done, if its a huge sum they may prosicute you but prison is unlikely.

You have been silly, just tell them everything and see what they say, good luck.

tinkerbell28

Well you are doing something illegal and wrong claiming as single, when you aren't.

Come on, you aren't even divorced. A letter of seperation means nothing, you haven't even started divorce proceedings. To make this official.

You are living in his house, both of yours as you are still married, His names are are on all the bills. His work has him living there, and he has no other address.

Before you do a woe is me story to HMRC, I'd be contacting a solicitor, 3 years is a long time, I'd be gobsmacked if they didn't prosecute tbh, it's quite obvious you have been claiming as single all this time, when you aren't. That's a long time.

By your accounts, all the married couples in the country could be claiming as single. :eek: