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Can you be a nrp yet live with kids?

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  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The CSA legislation states that an Absent Parent (now called a Non-Resident Parent) is such if:
    (2) The parent of any child is an "absent parent" , in relation to him, if—
      (a) that parent is not living in the same household with the child; and
    the parent is still living in the household with that parent, and so there is no non-resident parent in this case.
  • lulumoo
    lulumoo Posts: 30 Forumite
    Kelloggs that sounds right to me after all everyone would say that they were living in the same household and try and get tax credits as single parents and pretend they had split up. Who would want to live with someone they had split up with anyway with the best will in the world it doesn't sound very healthy.
  • cooperbob
    cooperbob Posts: 52 Forumite
    Well the situation is that payment is being taken from my benefit and paid to my ex. I have contacted the CSA but they wont/havent replied to me.
    She is on IS and she claimed it was automatically sent to the CSA for judgment
  • TheWaltons_3
    TheWaltons_3 Posts: 1,203 Forumite
    cooperbob wrote: »
    Well the situation is that payment is being taken from my benefit and paid to my ex. I have contacted the CSA but they wont/havent replied to me.
    She is on IS and she claimed it was automatically sent to the CSA for judgment


    Well at LEAST I would get her to tell them you have the children half of the year and more.. so this should reduce your payments.

    And obviously the CSA aren't worried you're in the same household...
  • horza
    horza Posts: 39 Forumite
    Part of the Furniture Combo Breaker
    Don't make the mistake of confusing "household" with living in the same property. The term "household" does not define the actual place of residence, it is used to define the family unit. Eg husband and wife share a property with another couple. This would be two households in the same house, so therefore a PWC can live in the same house as the NRP and this would be classed as two households.

    Otherwise the PWC would not be able to receive IS as a single parent because she/he would be classed as living with her/his partner. Therefore when she/he applies for IS this starts an application to the CSA via the interface for maintenance.

    H
  • cooperbob
    cooperbob Posts: 52 Forumite
    horza wrote: »
    Don't make the mistake of confusing "household" with living in the same property. The term "household" does not define the actual place of residence, it is used to define the family unit. Eg husband and wife share a property with another couple. This would be two households in the same house, so therefore a PWC can live in the same house as the NRP and this would be classed as two households.

    Otherwise the PWC would not be able to receive IS as a single parent because she/he would be classed as living with her/his partner. Therefore when she/he applies for IS this starts an application to the CSA via the interface for maintenance.

    H
    well we are joint owners in the same house we share the chores she cooks for me I wash dishes and clothes etc.
    But she wont inform the CSA of this .
    So is she defrauding the IS and CSA and child tax?
  • stripe_2
    stripe_2 Posts: 28 Forumite
    cooperbob wrote: »
    Well the situation is that payment is being taken from my benefit and paid to my ex. I have contacted the CSA but they wont/havent replied to me.
    She is on IS and she claimed it was automatically sent to the CSA for judgment


    Sounds like she is defrauding IS, maybe you should ring up the BA and tell them. Its happening when slot when the NRP is paying the PWC direct whilst on bens and she hasnt declared it.
  • TheWaltons_3
    TheWaltons_3 Posts: 1,203 Forumite
    cooperbob wrote: »
    well we are joint owners in the same house we share the chores she cooks for me I wash dishes and clothes etc.
    But she wont inform the CSA of this .
    So is she defrauding the IS and CSA and child tax?


    Do you sleep with her then.. and do everything as if you were a couple?

    If so, yes, she is defrauding the DSS.. as she is pretending she is single when she isn't. This is to get more money. You are also liable if you get caught, as it will be very hard to prove you knew nothing about it when you are paying CSA!
  • cooperbob
    cooperbob Posts: 52 Forumite
    TheWaltons wrote: »
    Do you sleep with her then.. and do everything as if you were a couple?

    If so, yes, she is defrauding the DSS.. as she is pretending she is single when she isn't. This is to get more money. You are also liable if you get caught, as it will be very hard to prove you knew nothing about it when you are paying CSA!
    No we are in seperate bedrooms
    I have no choice as the CSA take it from my benefit before I see it.
    She IS claiming as a single parent.
  • TheWaltons_3
    TheWaltons_3 Posts: 1,203 Forumite
    cooperbob wrote: »
    No we are in seperate bedrooms
    I have no choice as the CSA take it from my benefit before I see it.
    She IS claiming as a single parent.


    Well. If you are separated, it isn't always easy for someone to just 'move' and get by... so the only problem is she is cooking your dinners and sharing chores. This is a grey area for sure, as it could be seen that you are only separated to get more money coming in.. however, you are losing this from YOUR benefit whilst she gains from you being an onhand baby sitter.

    The ball is in your court though, whether you live there or not you still have to provide for your children. Have you spoken to her about this?
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