WTC: How can I prove my (male) housemate isn't my partner

nerd8192

Hi,

I have recently started working after spending about a year on Incapacity Benefit. I am disabled due to Asperger Syndrome and Diabetes, but I have good skills in IT, so I try to work as much as I can. I was counting on the government's help in the form of tax credits, which I have claimed twice before and been eligible for.

I made a new claim for tax credits in November and then a few weeks later I received a letter stating that they wanted a compliance officer to check my claim and could I send them bank statements, bills, tenancy agreements, employment contracts, payslips, etc. I sent them all I had in good faith - I have nothing to hide.

From this compliance check they have deduced that I cannot be single, as I have a bank account, tenancy agreement and bills in joint names with my housemate. Well I am sorry that they think this is such an issue, but for one if he was not on the tenancy agreement, he couldn't live there. I live in Hackney, London and there is no way I could afford to rent somewhere on my own at the moment.

My housemate is male and so am I, so clearly HMRC are being very PC about this! Whilst I was on benefits I was never asked about this - Incapacity, Income Support, Housing & Council Tax benefit have never batted an eyelid despite the latter having seen tenancy agreements and bank statements.

I am very upset about this as I was banking on Tax Credits to make my life easier. Whilst I do work, I don't make a huge amount and I do have extra costs due to my disability - mostly around food and travel.

What can I do to prove that my housemate is not my partner?!

Thanks,

Seth

Adereterial

The tenancy agreement and the bills are less likely to be the issue on their own. The bank account, however, is extremely problematic. Most housemates don't have joint accounts. From the HMRCs perspective you're not living separate lives but joint ones, and they've been given evidence that suggests your finances are intertwined beyond the level one would expect for friends or housemates.

You're going to have a difficult fight, if I'm honest.

oldhand

Adereterial wrote: »

The tenancy agreement and the bills are less likely to be the issue on their own. The bank account, however, is extremely problematic. Most housemates don't have joint accounts. From the HMRCs perspective you're not living separate lives but joint ones, and they've been given evidence that suggests your finances are intertwined beyond the level one would expect for friends or housemates.

You're going to have a difficult fight, if I'm honest.

Have to agree,why would you have a joint bank account with your "housemate"?

nerd8192

The main reason for having an account in joint names is that it simplifies paying rent and bills, we make separate payments into the account for our share of rent and bills, then they come out of there as direct debits.

The other reason is that in 2008 I was made bankrupt, we were sharing another house then back in Plymouth with other people. I was using one of my own accounts to make rent/bills payments then and when one of my creditors saw that I had money in that account but owed them money elsewhere, they took money (that was not mine) from this account.

So by having the account in joint names we are protecting the fact that the money is neither mine, nor his, but held jointly to pay bills that we are jointly responsible for.

Adereterial

Whatever the reason, it's not usual and therefore entirely unsurprising why HMRC have come to this conclusion. Most housemates don't join their finances together in this manner. From the government's perspective you share a property, have a joint tenancy, are both named on the bills and share finances - you tick a hell of a lot of boxes for determining whether two people occupying the same home are in fact a couple or are living separate lives.

You will have to appeal the decision with significant information that points to an alternative conclusion if you wish tax credits to be paid. If I were the decision maker in this case I'd have drawn the same conclusion. Changing this will not be easy.

midnight_express

You don't have to be in a sexual relationship to be considered a couple for benefit purposes.

tescobabe69

midnight_express wrote: »

You don't have to be in a sexual relationship to be considered a couple for benefit purposes.

Indeed, my wife and I are certainly deemed a couple for benefit purposes.

Valli

tescobabe69 wrote: »

Indeed, my wife and I are certainly deemed a couple for benefit purposes.

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

von

The fact that you both moved from Plymouth to London and continue to share the same property doesn't help your case either. I'm not judging I'm just making an observation.

zagfles

nerd8192 wrote: »

The main reason for having an account in joint names is that it simplifies paying rent and bills, we make separate payments into the account for our share of rent and bills, then they come out of there as direct debits.

The other reason is that in 2008 I was made bankrupt, we were sharing another house then back in Plymouth with other people. I was using one of my own accounts to make rent/bills payments then and when one of my creditors saw that I had money in that account but owed them money elsewhere, they took money (that was not mine) from this account.

So by having the account in joint names we are protecting the fact that the money is neither mine, nor his, but held jointly to pay bills that we are jointly responsible for.

If you just have the joint account for paying household bills, and you each have a separate main account which your salary/benefits are paid into, then it should be OK. I used to have a joint account with a colleague at work for our coffee club but we definitely weren't an item

If your salaries/benefits are paid into the joint account then you definitely "look like" a couple.

thegirlintheattic

I would get rid of the joint account ASAP - it leaves you open to a bad credit rating should your 'housemate' get into difficulties.

The bank account is certainly why they are classing you as a couple.