No longer together but living in his property - advice please?

labyrinth84

He would be paying council tax there though?

Someone posted about having all your bills in your name, calculate the amount and even set up a bill account that he could pay into. With his name off the bills, maybe that would also prove he no longer lives with you?

There will be a way, it's harder to be dishonest than honest so I can't see you being penalized for being honest about your situation- you've said yourself you are not going to claim for things you don't need so you are not taking dishonest advantage of services offered.

Maybe speak to Tax Credits and explain to them. They will have knowledge on this type of situation

zzzLazyDaisy

labyrinth84 wrote: »

He will also be paying the same bills for the property he lives in so that surely must prove he doesn't live with you?

Good luck to you all

Not necessarily. You might be surprised at the decisions that DWP/HMRC come to. One of the main issues which raises concerns is joint financial arrangements.

For example - it is entirely possible for a couple to be separated for days and weeks at a time, perhaps for work, and for the partner who works away to own and live in a different house because of this. They would still be a couple (in fact I have married friends who lived this way for two years for exactly this reason).

The situation would be even more complicated if he went to live at his mum's house as he would be unable to produce any evidence of independent housing costs/arrangements.

zzzLazyDaisy

labyrinth84 wrote: »

He would be paying council tax there though?

Council tax is the responsibility of the householder, so the council tax bill would not be in his name.

Woolton

Thank you for all of the replies, you are all so helpful.

missmucksmum I totally see your point, and that's what is worrying me. If we were together I would be entitled to very little and I can see how tax credits may think something fishy is going on.

labyrinth I'm scared to ring tax credits and ask them! Ideally I would and I could explain the full situation and ask how I could prove we are not a couple but I would worry they wouldn't believe me with the amount of benefit cheats about today. And thank you for your kind comment, it's all very amicable and he's an amazing father, he's doing this for his child. We are still really good mates and will be forever.

zzzLazyDaisy do you think if I had all bills put in my name and requested to pay via post office and ex could just give me the cash, rather than it come from his bank account, that could work? I earn about £60 per week from my part time job so there's no way they could come out of my account via DD you see. I could pay DD with the council tax out of my tax credits money.

Does ex just ring Gas, electricity, water, HMRC and council tax and say he's moving back to his old property and I then ring them all and say I have moved in?

missmucksmum

op do you get income support as im thinking £60 a week wages isnt enough for working tax credit this would top up your income x also couldnt ex just set up a direct debit into your bank acct each month to cover bills as maintainence x

Woolton

missmucksmum wrote: »

op do you get income support as im thinking £60 a week wages isnt enough for working tax credit this would top up your income x also couldnt ex just set up a direct debit into your bank acct each month to cover bills as maintainence x

No, I don't get income support, I'm self employed as a Swedish massage therapist, I'm retraining in something else as I work two days per week as a therapist and earn on average £60 per week (sometimes a bit less, sometimes a bit more, sometimes nothing!) I'm in college 3 days per week, will finish in 2015 and will be able to work full time & support myself better then.

Yes he could, but again isn't it linking us financially? I'll be living in a property he owns and he'll be paying the bills (except council tax) wouldn't it look more "proper" if I paid them at the post office and he just withdrew the cash & gave me it once a week on one of the days he collects our child? I'm just so scared of doing anything wrong & landing myself into trouble!

missmucksmum

I think it would be quite normal as it would be a child maintainence payment? x

Mojisola

Woolton wrote: »

Yes he could, but again isn't it linking us financially? I'll be living in a property he owns and he'll be paying the bills (except council tax) wouldn't it look more "proper" if I paid them at the post office and he just withdrew the cash & gave me it once a week on one of the days he collects our child? I'm just so scared of doing anything wrong & landing myself into trouble!

No, don't use cash, particularly as you're self-employed. If you are paying cash into an account, you'll have the HMRC thinking you're working cash in hand.

He won't be paying your bills - he'll be paying Child Maintenance. He could set up a direct debit, labelled Child Maintenance, so that it's all above board and clearly traceable.

princessdon

Ok - Look at this in a years time.

I am a compliance officer and I am saying to you that I think you are still living with your EX and claiming Tax Credits fraudulently.

How are you going to prove otherwise?


It is easier if you have a formal tennancy agreement (even if zero charge made to you), this protects you in case he changes his mind, new girlfriend, new child etc makes people change minds easily.

If you have all bills and your own bank account

You have a regular maintenance payment and this is shown on your bank statements as maintenance, paid in at the same date monthly.

He is paying the same money, but it is a much more formal agreement and shows that you are not "diddling the system".

In your own interests and the interests of your child it works at the moment, but you have to look at the future too. What if they evict you, what if the DWP come knocking on the door wanting back payments.

treac

Hi Woolton, if you are a full time student you would be able to claim an exemption for Council Tax, as you would be the only over 18 year old in the property.