Separation advice

FBaby

I still don't understand how your financial situation is any different to before. Your outgoings will be the same, so not clear why you would want to claim as a single person as things are when you are likely to be under heavy examination and possibly end up having to repay the TC if they were to decide that you are still a couple. It also seems as if you might be worse off anyway if you can't get help with childcare.

Why not wait until he officially moves out and then claim and then you won't have to worry about any potential come back.

LittleAoife

FBaby wrote: »

I still don't understand how your financial situation is any different to before. Your outgoings will be the same, so not clear why you would want to claim as a single person as things are when you are likely to be under heavy examination and possibly end up having to repay the TC if they were to decide that you are still a couple. It also seems as if you might be worse off anyway if you can't get help with childcare.

Why not wait until he officially moves out and then claim and then you won't have to worry about any potential come back.

Because now I have told housing of my situation they say it fraud for us to claim as a couple.
I don't know what you are not understanding???
We are not a couple so it is fraud to claim that we are ( according to housing) so I have applied for housing benefit to cover half the rent, he will pay the other half with his money and I have phoned tax credits and explained the situation and they have said I have to put into writing that we have separated and they will let me claim tax credits as a single person. We are split so to claim as a couple would be fraud. I'm just doing what I have been advised and I have asked for it all in writing to clarify. I will be able to show that I have done exactly as they have asked and kept all our monies separate. It goes into my bank account now and I have closed the joint account and we keep all our finances completely separate, we live as house mates ( if you can even call it that) and don't ever intend to be anything else.
Tax credits can investigate if they like I have nothing to hide.

RAS

Ok

So you can claim HB and other benefits as a single person with 2 children. What do you have in place to help you get over the first few weeks when there is no money?

And I think you really need to get proper advice from a specialist advisor on CAB regarding the tenancy.

In whose name are the utility accounts?

Consider getting locks on cupboards or bedrooms doors so you can make sure he does not use your stuff.

FBaby

I think you need to read some previous thread and learn that you shouldn't take the words that one person at the end of the phone has said to you, that you wouldn't be the first one to be found guilty of fraud despite following the supposed advice that was given by one unqualified person.

It's a bit easy to say that because someone has told you that you could claim housing benefits separately despite living together, that it would be fraud not to claim TC separately too. How about the other way around, that it might be fraud to claim single tax credits despite still sharing bills, and therefore fraud to claim HB separately.

All I am saying is that you might want to look at it in a bit more depth because the 'but some stranger told me on the phone it was ok' doesn't cut it once you are investigated.

LittleAoife

RAS wrote: »

Ok

So you can claim HB and other benefits as a single person with 2 children. What do you have in place to help you get over the first few weeks when there is no money?

And I think you really need to get proper advice from a specialist advisor on CAB regarding the tenancy.

In whose name are the utility accounts?

Consider getting locks on cupboards or bedrooms doors so you can make sure he does not use your stuff.

As he has not had a job for 2 years everything is in my name except the tenancy ( which is in joint names) and the car which is in his name. I have some money to get by the next few weeks and I'll get my bursary for uni in 3 weeks to pay the bills.
Part of the reason we separated is because he wouldn't contribute to the household finances and would just sit around all day doing nothing.
I am on pre payment meters for the electricity and gas as that's what was here when I moved in, we have agreed to take it in turns to put £20 on the gas and elec cards.
I pay half the water and he pays half, he has been offered a job that starts at the end of April so hopefully then he will be able to save some money to move out. At the moment I am in the bedroom with the girls so it's not an ideal situation but essentially he has just as much right to live here as I do as we are joint tennants.
I am going away in April with the kids so I have given him till then to box up his stuff and get prepared to move out out once he has a deposit together.
I don't know what I will do then if he still hasn't gotten his act together as legally there is not much that I can do.
He wants us to stay together as for him it's an easy life, I work full time and didn't even get mat leave as we couldn't afford it and he seems to not be bothered about looking after the children and pulling his weight.
It will never change so I am not prepared to be a door mat anymore. We both have debts, I have begun the process of starting a dmp for mine with step change but he is ignoring his, we have debt collector letters all the time for his debts but he just can't be asses.
I'm not able to live like that anymore, me and the kids deserve better.
The kids don't like him looking after them as he spends most of the day on his iPad ignoring them so they are better off at nursery. The alternative is that we stay together and I will then have to leave my job/ uni and will not get qualified to ever provide properly for my family.
I have come to realise that the only people that I can truly rely on are myself and god.
For now I will share a bedroom with my kids, he can have the marital bed, I will save up for a consultation with the solicitor and as soon as possible begin proceeding with a divorce.
I am no longer married as far as I am concerned and I have also a tarted using my maiden name.
I need to do what is best for my children.
I am worried though that if I am considered to be committing fraud I could loose my registration.
I just don't know what to do for the best at the moment.
Thanks for all of you that have given me advice.

LittleAoife

FBaby wrote: »

I think you need to read some previous thread and learn that you shouldn't take the words that one person at the end of the phone has said to you, that you wouldn't be the first one to be found guilty of fraud despite following the supposed advice that was given by one unqualified person.

It's a bit easy to say that because someone has told you that you could claim housing benefits separately despite living together, that it would be fraud not to claim TC separately too. How about the other way around, that it might be fraud to claim single tax credits despite still sharing bills, and therefore fraud to claim HB separately.

All I am saying is that you might want to look at it in a bit more depth because the 'but some stranger told me on the phone it was ok' doesn't cut it once you are investigated.

Where are these threads I am interested to know what happens, I'm doing my best I really am, he won't leave, housing will not accept that we are a couple now that I have told them we have separated and tax credits have agreed that I can claim as a single person.

RAS

LittleAoife wrote: »

Where are these threads I am interested to know what happens, I'm doing my best I really am, he won't leave, housing will not accept that we are a couple now that I have told them we have separated and tax credits have agreed that I can claim as a single person.

Hi

There is a poster called "Housing Benefit Officer."

Try to send him a pm and he will advise you on that side of things.

I would recommend that you download the divorce forms from the government site https://www.gov.uk/divorce/file-for-divorce

And check whether you can get fee remission.

Despite the fact that your OH is living with you (re-phrase that - in the same house), I would be inclined to post two copies of the forms to him from different post offices and get free certificates of posting. OK, he may refuse to sign the documents but you can evidence that you have commenced divorce proceedings.

beautiful_ravens

Ooops, did not mean to give 'false hope', only going on my experience - yes Im renting from a large country estate and I see and talk to the agents all the time, and Im still pretty sure I got my tenancy changed without my ex being a part of the process. Perhaps thats not actually standard practice.
All the best to OP.