letter says i have been overpaid £13,726 !

FBaby

Surely the reason why there is a different rate for tax credits if you are single rather than a couple is that you become solely responsible for ALL the household bills. If the reality is that your family bills are shared, than you are not financially single any longer. Why should you be entitled to extra money even though you don't pay all your bills?

I think you are on very dodgy grounds and for the reason above, I totally agree that you should pay the money back. Beside the point that the likelihood you would be happy to share your home with someone who was physically abusive with in the past and with whom you don't want a relationship with any longer is next to none, if you indeed had wanted to protect yourself to convince that you really are not a couple, you should have been paying ALL the bills with him giving your maintenance money. That might have convinced them that you were still single but as it is, him living there for what, months? Years? without either of you attempting in anyway to move out or sale the house, well, you really are a couple, regardless of your physical/sexual relationship and should therefore have been claiming as a couple.

Wonderful100

In a nutshell you're a couple because two of you are paying the bills, if you were single you would be doing it yourself.

Yes you need legal advice but I have no doubt whatsoever that you were not entitled to the money you have claimed and that you will have to pay it back.

GobbledyGook

Kimberley wrote: »

If you split from a partner then either one of you need to move out in order to claim as a single person. It doesn't matter if you sleep in different beds or not you are still classed as being a couple. You should never have claimed as a single person, that was your mistake and you need to pay it back.

That's simply not true. You can claim as a single person even if the other person is still there. With the house selling/buying crash it is something that has become increasingly common over the past few years.

OP, get some proper legal advice on this. If you have always been honest with them and they've always known he was there then they have not over paid you. It is possible to be in a single claim whilst the ex partner lives in the house. You need advice from someone who knows tax credit law.

welshgirl39

i can completely see your point of views, reading through these posts im seeing it from a diff view point. the arrangement we came to was one that suited both of us, me more so as it meant i could stay in house, if we divorced then house would be sold, no equity, so neither of us would have been better off. No my girlfriend does not live in the house. it is obviously an arrangement that was never meant to last this long. Impossible for me to pay all the bills , my only income was my tax credits. The mortgage is more than that on its own. plus, in court he agreed to pay the mortgage. CSA was contacted when this first happened and they told me he wasnt eligibe to pay CSA as he spends more then the required time needed with his children, however many nights it was. cant remember.
if i shouldnt have had it then yes it has to be repaid, but how will they will collect this money, im now not entitled they say to any benefits, even though my circumstances haven't changed . i really dont know what im going to do. Prison has never even entered my mind, do you think thats a possibility. ive never said he wasnt here, just carried on my initial claim from the beginning, no changes to report as there hasnt been, only my oldest leaving full time education. what a mess. i was so positive before this post that i had done nothing wrong, finances separately, he gives me no money, we are quite definitely not living as a couple.

Sixer

OP: please do not take the "you're living in the same house and he pays some/most of the bills so you are definitely a couple in the eyes of DWP" as gospel.

This is not correct. You may not even have an overpayment.

I'll repost the official decision maker's guide (not my own opinion, which is what many people are giving you):

The DWP decision makers' guide states:

People living in one dwelling are not necessarily living together in the same household. Examples are:

two people who are married to each other or who are a civil partner of each other who separate and refuse to leave the home

whitewing

Perhaps you would get some good advice from Women's Aid, if youo contact them.

They may also be able to help you with sorting out the situation going forward.

I think there is a sticky in the Debt Free Wannabe forum.

whitewing

Sixer wrote: »

OP: please do not take the "you're living in the same house and he pays some/most of the bills so you are definitely a couple in the eyes of DWP" as gospel.

This is not correct. You may not even have an overpayment.

I'll repost the official decision maker's guide (not my own opinion, which is what many people are giving you):

The DWP decision makers' guide states:

People living in one dwelling are not necessarily living together in the same household. Examples are:

two people who are married to each other or who are a civil partner of each other who separate and refuse to leave the home

Would that be a situation that could be permitted to go on indefinitely though?

welshgirl39

i have found this on HMRC website
CCM15070 - Undisclosed Partners: Living in the Same Household
The claimant may admit they live in the same household as the suspected partner but that does not automatically mean they are Living Together as Husband and Wife (LTAHAW) or Living Together as Civil Partners (LTACP).

There may be any number of reasons why a man and woman share accommodation. They include:

a couple with disabilities or ill health may care for and support each other
one of them may require care/support to live a normal life
the claimant may provide accommodation for a friend, or relative or tenant
the claimant may have been provided with accommodation by a friend, relative or landlord in that person’s own home.
a formerly married or unmarried couple may still live in the same house until they reach a financial agreement. During periods when property prices or rents are high, the property market is sluggish, or negative equity is common, former couples may be compelled by economic necessity to share the same premises for some time after the relationship has ended- see CCM15395
The relevant factors to consider when determining whether a couple are living in the same household may be:-

how/why the couple came together
is rent received or paid? If so the income will (unless it is exempt under the rent a room scheme) be treated as income in the hands of the recipient.
what kind of accommodation they share
if there is no formal rent agreement how are costs shared? How would exceptional expenditure be met? For example, if major unexpected repairs had to be carried out or home improvements made.
any absences from the household - why and how often - see CCM15073
any other reasons for them living in the same household.
Even if you establish a couple are living in the same house this does not necessarily mean they are LTAHAW or LTACP. Before you can amend the award you must therefore consider the other criteria detailed at CCM15080-CCM15110.

welshgirl39

and this,
CCM15080 - Undisclosed Partners: Stability of Relationship
The length of time a couple have been together does not necessarily indicate how stable the relationship is. At one end of the scale you may come across couples who have known each other only a few weeks or days, but who have moved in together with the firm intention of staying together. At the other end of the scale may be couples who have divorced after say 25 years of marriage and who are still both occupying the formal marital home until they can afford to live apart. Some couples may also have a history of repeated temporary splits and reconciliations.

Relevant factors may be:-

on what basis they split household chores and responsibilities, such as cooking, cleaning and paying bills
whether they are both involved in caring for any children who live in the household
whether they tend to spend their leisure time together or separately
whether they normally take joint holidays
whether they plan any future activities or responsibilities jointly or separately
whether they intend to get engaged or married
whether the relationship has a volatile history ie. the couple is known to have had several splits and reconciliations.
An established pattern of domestic or financial activity will usually indicate an established relationship.

welshgirl39

so now i am even more confused...oh well. will just wait and see what happens when i seek legal advice.
Thanks all again