Can I claim tax credits as a single person?

FBaby

Be very wary.they might not question things too much for you to be eligible but they certainly would if they investigated. claiming that you are separate but still living together purely for the benefit of the child its unlikely to stand as a good reason. in essence what you are doing its wanting to get extra money from the tax payer to afford to move sometime in the future. Why can't you save the money without it since as you describe it you being now 'separated' is not going to result in more outgoings.

pmlindyloo

Mmmm in the circumstances you describe I would be very surprised if you were eligible to put in a separate claim. As someone has already said since your financial situation has not changed at all then you have no extra bills etc and would be claiming solely to get more money (sorry, don't mean to appear harsh!) to move elsewhere.

Claiming as a single person when you are married and still living together (maybe because the financial side hasn't been settled) is extremely difficult and often requires evidence eg. from a solicitor that you have started divorce proceedings.

What they are looking for is that you live entirely separate lives. Not sharing food, buying things together etc etc

You mustn't see it as a personal thing just 'rules' they must follow to prevent benefit fraud.

LauraLou1982

For some reason I have taken your comment Fbaby a bit personally...maybe I am just sensitive at the moment...
I am not 'claiming' to be seperated, we are actually no longer together as a couple...I have explained to them the exact situation and the person I spoke to on Friday said that was acceptable, do you mean they could change there mind later on?
Also, what I am using the money for is besides the point too I would think, if I am entitled to it I am entitled to it surely? I work full time and pay my taxes and for my child childcare costs and have never asked for any help, and this is the reason I cant save anything as we have none left spare at the end of the month.

LauraLou1982

OK thanks x

FBaby

It is better than you take personally now if it makes you consider things as the DWP might do then being accused of fraud.

You might not consider yourself in a couple any longer because you and your partner are not emotionally linked as you used to be, but there are many different description of being a couple. If you still get along well, do things together, share bills, the fact that you don't share a bed any longer or make plans about the future together is unlikely to be enough to be considered separate under the tax credits rules.

The key aspect as stated before is showing evidence that you are attempting to live separately as quickly as possible. Have you already started looking at affordable properties, come up with a plan to save the money for the deposit and how long it will take. If you can show all this, and then indeed move within that period (assuming it is reasonable, ie. a couple of months or so), then you might very well be ok. If you are still together in 6 months time...well, you might struggle justifying why despite the extra income, yet no more significant outgoings, and no ties to the lease, you still haven't moved.

princessdon

Have you told your child's nursery you are separated and when to contact you or oh?

Have you been to counselling?

Do friends know you have split?

Is there a new partner etc?

If any of the above it "may" help

turnbacktheclock

Hi, I'm currently dealing with the consequences of putting in a claim for reasons like yours and I'd really advise against it. The second man you spoke to may have put a dampener on things but I wish I'd spoken to him before I put my claim in. I was advised by my solicitor who I saw regarding my separation that I could claim. I called the tax credits helpline who told me yes, that was fine, I could put the claim in. As my earnings are very low it was the only way I could have any financial independence and be able to split the costs of the household with my ex. Like you he was/is saving to move out although he was being very uncommunicative about it and clearly dragging his fight. We have a joint mortgage and we'd agreed I could stay in the house with the children for the time being and he would rent somewhere else. I was trying to keep it amicable as possible for the sake of the kids.

Recently I was sent a request for more information which I complied with. I sent bank statements from both of us showing we pay separate bills. I sent a letter from the solicitor confirming I had visited her for advice and I sent a letter outlining that we had counselling from relate prior to the split. The decision has come back that my claim was invalid and that I can't claim as a single person. I have to pay the entire amount back.

I have spoken to someone today - the lady from compliance who requested the evidence. She said that she hadn't seen what I'd sent in but that someone higher up than her had looked at it and decided it wasn't good enough. She said she didn't know if she would have come to the same conclusion but that she couldn't overrule it and that there was no point my appealing unless I had more evidence. She said that they weren't interested in personal details, how we lived etc but that we had to show on paper we were living separate lives. Like you we had separate bank accounts prior to the split anyway. We are separated, we do lead separate lives but that is surprisingly incredibly hard to prove. I wish they hadn't just allowed the claim but been more realistic with me at the time about what it involves.

I don't know if I can appeal on the grounds that they allowed the claim so easily when I called to ask if I could do so? Also that I put the claim in in good faith on advice from a solicitor and more information on criteria etc would have been really helpful. All the research I did said that you need separate rooms, food and eating, laundry, bank accounts - we were doing all that but it made no difference.

Sorry to hijack but does anyone know if it would be worth me appealing? I have no idea how I can pay the money back and I am now going to be financially dependent on my ex again. Also, when he does move out will I be able to put in a claim as a single person then?

LauraLou1982

God that is scary turnbacktheclock!And the awful thing is I have rang up 3 times and now qualified what is a 'single claim' as I am so worried about something like this happening, and the last girl I spoke to said that the situation i described, which is living under the same roof but seperatly was fine! Its almost entrapment is it! Why cant they just be clear at this stage when I am ringing them and clarifying???

turnbacktheclock

It's horrible, I really don't know what to do. I'm going to make an appointment with CAB and go over it all with them.

The lady from compliance who was investigating my claim said she thought that the government were working towards claims being for a household rather than an individual which would obviously mean that this sort of claim couldn't happen in future. She also said that it there had to be really clear evidence that things had changed. I thought I had that but obviously not. If you decide to go for it be aware that they are likely to investigate at some point and you need this clear proof of separation.

FBaby

How long have you continued together turnbacktheclock since you've started claiming?

The reality is that if you claim and start paying half your bills, when the partner was paying a much larger portion of it before, HE is better off...if you are managing to live together amicably, what is his incentive to move? The problem is that HE is benefiting most from a SINGLE claim that is made on the basis of being a SINGLE parent.

My understanding of quite some reading around that is an expectation of showing steps towards separating households, so in your case turnbacktheclock, either having put the house for sale, or either your partner and yourself looking for another property. After all, if you are still living together, albeit maybe the food bill, the rest will remain exactly the same, so why should you get extra benefit?