Spousal Maintenance and Benefits

Caz312

Not exactly moneysaving but my partner suspects he has been asked to give false information to assist with benefit fraud.

He has been paying his soon-to-be-ex £800 per month (over 30% of wages) for the support of his 2 children, this was fine when he was living with his folks but circumstances changed (now rents) and he has been trying to get this reduced to the CSA rate so he can afford to see the children once a month (they are 500 miles away and with current debt, accrued when the children lived abroad he can rarely afford to see them without increasing his debt)

CSA rate is £475 without any discount for travel so he offered £500. Ex's solicitor came back saying that as she does not work he should continue to support her too. Children are both is secondary school but ex says it is not worth her while working as her benefits would be affected.

His ex is cohabitting although will deny it till blue in the face (her partner has an address with his mother but not a place of his own)

Whilst trying to work out what benefits she is receiving (she seems to have a very comfortable life with a new car and now looking to buy a horse) it appears that a letter he wrote last year may have been used to gain additional benefits. She asked him to write to confirm that he gives her £800 for the children (she actually asked him to put £400 but he refused) he sent the letter 'to whom it concerns' but on looking at rules about housing benefit it takes into account any income she has as spousal maintenance as income but not maintenance for the children. He has obviously implied in the letter that the money is only for the children but her solicitor has confirmed it is for her too. What should he do?

Is it worth reporting for the cohabitting? He is really down with doing a job he hates, to find she had been able to buy laptops, £150 mobiles, personal dvd players and cash for Xmas where we really struggled with 2 incomes to spend a fraction of that.

What should he do about the letter? will any action be taken against him for being involved in the fraud even though he was not aware that this is what it was for - she had been involved in fraud before as she lived and worked abroad for 3 years and still pretended she was in the UK to receive Child Benefit (he had no part in this) although not sure whether this was picked up when she did return to the UK.

Scarlett1

I dont think your partner has done anything wrong, as far as im aware he is only obliged to pay child maintenace and nothing more, and the fact that he has wrote a letter confirming this will protect him if the csa come after him for money.

You should report her as she is commiting benefit fraud, as for applying for additional benefits she isnt entitled to any except maybe a little top up of housing benefit as the £800 per month is classed as income.

I dont know how many children are involved, but the new system csa is 15% for 1 child, 20% for 2 and 25% for 3 or more (I think)

skintas_2

does her partner work, why doesnt your ex threaten to pay thru the csa ans she what her re action would be.......................

camper

How long has this person been on benefits?

New rules are that Income Support no longer pays for children (child tax credits pay instead) so ALL maintainance is taken fully into account - in which case anything over £57.45 a week would nil any I/S, and housing benefits would request evidence of income to work out if any benefit due.

Old rules took all maintainance except for £10 into account and deducted penny for penny against the amount of benefit due for household. On £800.00 per month, this would also nil benefits. It made no difference for whom this maint was paid, its all income. Child benefits were also counted as income.

I would suggest he writes letter to Benefits Agency, telling what he pays and how often, leave the rest to them. If he could give the ex-partners National Insurance number it would help, else full name and date of birth would do.

By the way, make it clear whether he pays monthly or four weekly.
If monthly, times the amount by 12 and divide by 52 to get weekly amount to be taken into consideration.

Note: as little as 10 pence income support in payment entitles one to full housing and council tax benefits. If I/S are also paying a mortgage (interest only), there could be quite a lot of income before wiping out the benefits.

Caz312

Don't believe she is on IS as her 'income' is too high. Tried on entitledto.co.uk and it shows a difference of over £2,500 in HB between having no SM and having SM. Problem is she is getting SM but has told them she is not (with his letter as proof) She has been on benefits for 15 months since she returned back to the UK, the boyfriend has been on the scene around 8 months gradually living there more and more (his dog is there full time and he goes back to his mums a couple of days a week so it won't affect her benefits) She has a great life...my partner has just been told that he won't get to see them half-term (even if he could afford it) as they are off to Spain for the week....

loopychicken

if i was him i would cease payments imedeatly an allow the csa to sort it
also if she is on bennifits then she is not allowed to have her b/f stay over at all it is bennifit fraud

tell her that your stopping payments but if the children need anything between now an the csa sorting it u will help with getting it for them but make sure you keep recipts of whatever you get for the children

you and your partner do not work to support her an her horse!!!
good luck

kelloggs36

Has the amount of SM been set by a Court?

Caz312

no nothing by court - he paid what he could afford at the time and now he cannot afford to pay the same, his own rent and travel to see the children he wants to reduce the amount so he can see the children more than the current 3/4 times per year. His solicitor wrote to hers and said that CSA rate was £475 so he would pay £500 (so being able to see children at least once a month) his ex response was "I know you can't afford to see children but my lawyer says you can afford to support me so you should"
Her solicitor had replied with a story about how she is looking for a job (we know that isn't true) and if he stops paying she will make claim for ancillary relief. I think he should just let her make the claim. Although he has given his income and outgoings no-one has asked hers to assess her "needs" but he is scared to stop paying because she turns the kids against him. Even the children know that she won't work because she is more than happy with benefits, maintenance and her boyfriend but not a very good example to set. (no assets in the separation - she took everything)

newcook

I would ask her solicitor where he has got these figures from and where it states that he should support her - fair enough, give the kids what they need but what kids need £800 per month????