JSA overpaid advice please

chloe1954

First time posting, and would really appreciate some advise from someone. Will try to keep as brief as possible. 3 Years ago took in a friend to stay in my house with my young son. He has lived with me ever since and has his own room, but we have become close friends. We are not connected financially in any way.
He has been on Income based JSA for a number of years, and has been completely honest from start telling them that he moved in with me and that we are friends but not a couple. He has never claimed rent or anything other than his job seekers. I work, and Steve helps out round the house. I have always received working tax credit and again have been completely honest telling them that Steve lives with me and he gets JSA. Couple of months ago we were both asked to attend interviews down job centre, and as a result they have just written to Steve stating that they have decided we are a 'couple' and that he has been paid JSA that he was not entitled to since 2009! they also got him to sign on as usual and then just didn't pay his benefit without any notice. Result is he now has no money coming in and although I am extremely fond of him I am scared that I am somehow going to be held responsible for this debt as I am the only worker. Because he has been completely honest with his claim and never hid the fact that he had moved into my house, does anyone know if they can claim back his JSA? and if so how is he expected to pay with no income? Sorry despite trying I know I have waffled on a bit, but do not know who to turn to for help.
Many thanks in advance for any advice anyone can give
Chloe

cosmic-dust

So Steve is your lodger?

chloe1954

I suppose yes, but he has never paid rent as he helps me round house. I was asked by JC if we have our own food shelves! and the answer is no. He tends to cook as I work, and although he spends most evenings in his room watching tv, that is probably because he hates the things I watch! Anyone looking in would probably assume we are a couple as I am a very private person and people probably think, 'she has moved her boyfriend in' but when Steve first told JC that he had moved in, he did tell them he was a lodger because they asked if he wanted to claim for rent but I told him that was not necessary as I was happy for him to stay as my friend and I did not want to make it official.

somethingcorporate

Not taking rent from him makes it sound like he is not a "lodger" which is a commercial arrangement. What other proof do you have that you are not actually a couple? Him being financially dependent on you for the roof over his head does not look good from the outside.

dookar

LT ain't my thing, but surely the SoS was informed of the change in circumstances but failed to take the appropriate action?

chloe1954

Many thanks for replies. I don't really have any proof that we are not a couple and was completely honest in my interview. I confirmed that whilst we have no financial ties I do pay for most things, and let him use my car to go to interviews and job training. We are very close, just not in a romantic way so I can see that people would judge us as a couple. I am just so upset and cross that after all this time, they can make this decision when they knew all the facts from the start. The other thing that probably does not help is when I told the working tax credit people they said I must include him in my claim, which I did, but they obviously treat us a couple. I know it seems a strange set up, but neither of us would knowingly do anything wrong, and yet it seems we have!

missapril75

A living together decision is not altogether surprising given the sharing and housework division arrangements. Very like that of a married couple.

In your favour for not being treated as such would be completely independent financial arrangements. Have either of you applied for any kind of loan without mentioning the other (while at the same address)?

A sexual relationship isn't the be all and end all but if either of you had your own relationship outside of your home (with someone else I mean) that would help your case.

They could seek recovery, but they'd need to identify a date to say that living together applied from. Have they referred to a date to say he's not entitled from?

If not or if they have only decided it applies recently that strengthens your case if he chose to appeal.

If they have simply disallowed from a current date, that suggests a weak case, otherwise they'd have done it earlier.

If they did do it earlier, then you'd expect them to show some sort of change from around then compared to before - although they could just say the relationship developed over time.

During his JSA claim, was there anything to suggest he wasn't dependent upon you? Was there a job application that would have meant him moving away? Did he ever have any sort of interview or enquiry relating to possible housing benefit entitlement at another address - I don't remember the name but there was some system of identifying likely HB...pre-determination something or other.

Do either of you "go home" for xmas without the other? Have you holidayed together? Can you show these things are done separately?

missapril75

chloe1954 wrote: »

The other thing that probably does not help is when I told the working tax credit people they said I must include him in my claim, which I did, but they obviously treat us a couple.

Ah. Just read this after I posted.

I'm not sure on the tax credit rules. Might they have been paying more than if it was just you? Or have they reduced your money because of his JSA?

bestpud

So you've allowed a 'friend' to live in your house rent and bill free for 3 years and keep all his JSA for himself, even though he clearly isn't going to get a job anytime soon.

Better than that, you added him to your tax credit claim!?

But you're not a couple...?

Yeah right! Sorry but you have no chance of convincing the authorities.

You took a chance and you've been caught. Arrange to pay it back ASAP and hope they don't prosecute the two of you for fraud.

HappyMJ

You would have got an extra £37.50 a week on your tax credit claim for having him on the claim. He would have got an extra £71 a week (this benefit year assuming he's over 25) for having an income based JSA claim. One of them needs paying back as both cannot be claimed at once. I'd let him take the penalty as he is responsible for claiming he is single whilst also knowing he is on a couples claim for tax credits. You could take it but I would not suggest you do it that way.

blossomhill_2

Hi OP
STEVE needs to go to CAB asap for advice about possibly appealing the JSA decision, and may need to supply evidence of your separate financial arrangements - CAB will then advise him if there is other evidence from either of you that could support his appeal
He needs to do this quickly as there will be time limits
Good luck