Options?

princess244

My husband and I have decided to split up after 5 years of marriage. We have basically been living seperate lives for the past few months and unable to resolve our problems (his fault)

We have a 3 year old little boy. For his sake, we get along. We are living together still but in different bedrooms.

The house and mortgage are in husband's name. He works full time, I don't work at all. He has quite rightly said he will continue to pay the mortgage but not all the bills/food etc.

Neither of us can afford to move (negative equity and the deposit was paid by me) and we're quite happy to live together as friends, we pretty much have been for months anyway.

So...

Can I claim income support and tax credits? I already get child tax credit but not much. It will only be until next year when my son goes to school as then I can start work.

Or will they say we are a couple because we still live together?

FBaby

You can definitely claim, but expect them to seriously question your arrangement, investigate and then decide whether they consider you as a couple or not and expect all the money back if they decide that you are living as a couple.

What proof would you provide to satisfy them you are not a couple?

bigboybrother

FBaby wrote: »

What proof would you provide to satisfy them you are not a couple?

Isn't it the other way round - for HMRC/DWP to prove that they are living as a couple? The poster has made a claim which to them and the law is on the basis of them being two single people sharing the same house. Surely it is for the authorities to show that the living arrangement/relationship isn't as it first seems?

If it is as innocent relationship as the poster states, then no matter how far they dig they will not come up with anything that proves otherwise.

Otherwise you are going to have all manner of problems with shared property with male/male, female/female and female/male applicants. Does everybody in those arrangements have to expect that they must prove that there isn't something sinister going on?

missapril75

bigboybrother wrote: »

Isn't it the other way round - for HMRC/DWP to prove that they are living as a couple? ...Surely it is for the authorities to show that the living arrangement/relationship isn't as it first seems?

Yes it is. A married couple, parents of the child, under the same roof, an element of sharing that is common to couples etc etc

In the absence of anything more to the contrary, they may still be treated as a couple.

It would be a very good idea to have more than "we're not a couple, honest guv" to help.

There are couples who remain couples even though having separate rooms for whatever reason.

Something from a solicitor to say they have consulted with a view to divorcing - even if they take it no further - or at least making some sort of arrangement. That could help.

Something from the housing department or some other housing advisor to show what steps they might be taking to investigate other housing options. Possible alternatives needn't actually amount to anything - especially if the current arrangement is best all round.

But some independent confirmation that other alternatives have been looked at could make a big difference.

GlasweJen

I think you're much more likely to be classed as "not a couple" if he pays half of all bills and you pay half too, he does all his own shopping and pays you maintainance through the CSA.

I had a LTAHAW visit and they looked at things like where we stored our food, how we sorted bills etc and they even asked if we share bread and milk!

MacMickster

GlasweJen wrote: »

I think you're much more likely to be classed as "not a couple" if he pays half of all bills and you pay half too, he does all his own shopping and pays you maintainance through the CSA.

I had a LTAHAW visit and they looked at things like where we stored our food, how we sorted bills etc and they even asked if we share bread and milk!

I think that its about more than paying half of the bills . What would you do if just sharing a house with anyone else. Would you each buy your own food? Cook your own meals? Wash your own dishes? Wash and iron your own clothes? Have a rota for cleaning common areas?

You would be extremely unlikely to have insurance to drive the same car, to holiday together, have any kind of joint finances.

I would expect the authorities to look sceptically at any claim that the OP is seperated but still sharing a house. Some really do, but I suspect that many more claim to be in this position just to maximise their benefits.