Compliance Visit from DWP

Fluffybug

FBaby wrote: »

Sorry but I am not convinced by your explanation. Why would SS insist that you shouldn't be 'together as man and wife' -funnily enough a term used for benefit purposes.....-, but are happy for him to come over whenever and even have unsurpervised access? that's a long story and not really any of your business, but that is how it is. In a nutshell though, they think that being a couple as opposed to co-operating parents may cause too much stress with regards to mental health. We're waiting for psych reviews to prove them wrong. SS don't make their decision based on what benefits you can claim. They either decide that the children/you are at risk and therefore decide that you should have limited contact, or that you are not. Whether you are or are not a couple as defined by benefits would be the least of their concerns.

I assumed that he would benefit financially if he earned a decent salary, but clearly it is the opposite situation. Becoming self-employed is not a reason to stop maintenance. Even if he doesn't earn much, he would be entitled to working tax credits on his own and therefore contribute some maintenance.

Fisrstly, he is not entitled to WTC. Secondly, And I'll make this clear for you
HE IS NOT PAYING MAINTENANCE AS HE HAS NO MONEY. WHEN HE WAS EMPLOYED AT THE START OF OUR SEPARATION, HE PAID MAINTENANCE. HE WAS MADE REDUNDANT SO WAS ON JSA FOR A COUPLE OF MONTHS WHILST DOING THE ODD MORNING AT COLLEGE, HE HAD NO MONEY TO PAY MAINTENANCE AS HE WAS ON BENEFITS. HIS FIRST "WAGE" FROM HIS SE COMES THROUGH SOON, AR WHICH POINT HE WILL START PAYING MAINTENANCE AGAIN. NOT HAVING AN INCOME IS A VERY GOOD REASON FOR NOT PAYING MAINTENANCE.

Icequeen99

I am not a benefits expert, so can't say what DWP will decide. But for tax credits (child tax credit) the test for married couples is different. You are a couple if you are married unless you are 'separated in circumstances likely to be permanent'. If it is a temporary separation, then you are still a couple for tax credits.

It sounds like you are saying that this is a temporary separation until you comply with child services. If that is the case, then for tax credits I would say you are probably a couple. Indeed, if HMRC investigated the claim they would likely decide that.

That said, DWP rules are different because they require you to be in the same household (which tax credits rules don't).

I think the best advice is that you tell DWP compliance everything as you have here and let them make the decision based on their rules.

As I tell tax credit claimants in these cases, it isn't down to whether you think you are a couple or not, it is down to what the legal definition of a couple is for the benefit you are claiming and the evidence that is available.

IQ

FBaby

Ok, I think I get your point

Well if indeed he was paying maintenance and you have something in writing that states clearly that SS are imposing that you are not a couple but they support him coming over 4 times a week and having unsurpervised visits, then clearly you have nothing to worry about. I don't understand if that is the case though why you think they would be the one to have reported you?

Fluffybug

princessdon wrote: »

My husband sleeps here less than 2 nights a week, can I claim as single? Does your husband contribute to your house? Do you get to cuddle him, kiss him, sleep with him? Do you get to share a bed? Are the bills in shared names? Is he on the electoral register there? None of the above are for us. He is not on the tenancy, no bills in his name, not on the council tax bill, not on electoral roll, he pays a share of the bills somewhere else, has all his clothes and belongings elsewhere, etcThe only thing you have to show you are not a couple is the ss order. Now IF they are the ones who grassed you (as you seem to think) then they'll have their concerns that you are a couple.

You have enough on your plate to deal with without this right now I can imagine, but being honest as I said bar the ss order I would say 100% you are a couple and ss and dwp will have differing ideas. I'd get legal advice if I was you.

I don't believe for 1 minute you are not sleeping with them as you clearly love the bones of them and if that comes out on here, it will come out via interview. I do, I love him to bits, however I love my children more, so I am breaking my heart by not acting like a wife. No kisses, no nookie, no cuddles in bed, nothing You need advice because you are caught between a rock and a hard plate of two different agencies who have different classifications and want different outcomes.

I'm bl*ody fed up of them wanting it both ways, either we are a couple, in which case he can move back and stop being persecuted, or we are not, in which case the DWP can sod off with their silly investigations.

Hanging_by_a_thread

esmecullen wrote: »

You absolutely make me ill reading this with the "what can I claim crap["

I just love your signature. The only part of your post that I agree with

Fluffybug

FBaby wrote: »

Ok, I think I get your point

Well if indeed he was paying maintenance and you have something in writing that states clearly that SS are imposing that you are not a couple but they support him coming over 4 times a week and having unsurpervised visits, then clearly you have nothing to worry about. I don't understand if that is the case though why you think they would be the one to have reported you?

Because whilst they have begrudgingly agreed to it (as there's no evidence as to why it's an issue if we do it as per their rules) they're not particularly joyous about it, and this may be their way of trying to push me towards their preferences.

HappyMJ

On JSA he should still pay £5 a week.

Fluffybug

HappyMJ wrote: »

On JSA he should still pay £5 a week.

He would usually just buy a tin of milk a week (£9) or a week's nappies (£10)

princessdon

Fluffybug wrote: »

I'm bl*ody fed up of them wanting it both ways, either we are a couple, in which case he can move back and stop being persecuted, or we are not, in which case the DWP can sod off with their silly investigations.

Re whether I am a couple (on paperwork I could convince them if I wanted probably as has bills, rents elsewhere, I pay my own way, he just buys for the kids etc) in reality no I wouldn't convince a psperbag because like you I am in love. I take it you are on a section 20 hence the co operation - Probably with ss wanting less contact with him. At ss busiest time of the year with new complex cases they are gate crashing parties to see if he is there, you need to ask yourself why.

As I said you now have 2 different agencies involved with different motives, I'd be getting legal advice as I said. Especially if ss were the informants.

HappyMJ

Fluffybug wrote: »

He would usually just buy a tin of milk a week (£9) or a week's nappies (£10)

As was said earlier he should give you the £5 and you give a receipt for the money. He can then help further if he wants by giving you £10 instead.