When is a couple not a couple?

seven-day-weekend

I don't know much about tax credits, but if she is not declaring his income (as I think she should be as they are still married) then that has to make a difference and could well be benefit fraud.

I think he should take legal advice asap to find out what his position as an innocent party in this and what he can do about it.

Perhaps he should inform the TC people.

Hope this helps, and that someone will be along in the morning who knows more.

welshcakes

It's a questiuon of authenticity I think. If the husband and wife deal with household bills in the same manner as two unrelated tenants would, then they are recognised as separate.

It's not about there being one shared house (that does not constitute a partnership), it's about being one household - acting as a unit in respect of financial and intimate elements.

If there's still any active, joint bank/building society accounts, they will be regarded as a couple. If they don't keep a receipt/accounts book of who's paid what (to demonstrate each is separately accountable for thier own share of property utilities etc), this could be argued as representing a partnership.

Going on holidays as a family, socialising as a couple, performing tasks such as cooking for each other can all technically be classed as demonstrative of a partnership. But I'm pretty sure it's the separate/ clean break financial arrangement and the bed sharing that are the big markers.

The husband should, at any rate have ensured that he's adised Tax Credits that it is no longer a joint claim and ensure his name is taken off the claim as of the date they officially separated (in spirit); if this was some time ago, he may be better off just asking for it to be amended as of today - failure to inform of change of circumstances by either party could land both in bother if it makes a difference to the award.

System

In this particular instance I believe there was eventually some separation of bank accounts but the wife continued to do the washing for the husband, he continued with household maintenance and they both cared for the children. He continued to pay the same amount (half) towards the normal household costs like mortgage, rates (council tax), electric and telephone. The only thing that changed was the separate sleeping arrangements.

If you can have a single claim for tax credits based on this scenario then I think anyone could tell the TCO they were no longer part of a couple and claim an increase in payments. How on earth could the TCO prove that a couple weren't actually sleeping in separate beds whilst living in the same house?

welshcakes

From the circumstances you've decribed, that provides a "surface" separation however it is not a true separation of lives and interests in each others day to day roles; they are both performing tasks indicative of a traditional husband/wife scenario (before anyone points it out, I do all the DIY as a female with some great power tools lol!).

I seriously don't believe that the essence of eligibility as a single Tax Credits claimant applies to this lady. I suspect their household income has increased due to her making a single parent TC claim.

That is not to say that either the husband or wife is aware that they are doing anything wrong - they may well consider that having satisfied the two big markers (finances and intimacy) that they are well within their rights to be considered officially as estranged.

Grey area I feel, that can only be assessed on case by case basis.

seven-day-weekend

But don't they assume that if you are married you are still a couple unless you can prove otherwise?

My husband and I sleep in separate beds dure to a medical condition I have, but we are still very much a couple!

Peterboro

I have a similar dilemma.
My ex is claiming CTC and to do so she has had to state she has no partner
I appear to be also able to claim using the same criteria.

However we are living in the same house we share chores etc but she wont tell me what she is claiming extra so I cannot say for sure what other income is to be taken into consideration.

????????? do I just grass her up?

Fran

Peterboro wrote: »

I have a similar dilemma.
My ex is claiming CTC and to do so she has had to state she has no partner
I appear to be also able to claim using the same criteria.

However we are living in the same house we share chores etc but she wont tell me what she is claiming extra so I cannot say for sure what other income is to be taken into consideration.

????????? do I just grass her up?

What do you mean by "grass her up"?

You would not be able to claim CTC for the same children. If you are and if you claimed after her then you will have to pay it back once they know.

Income to be taken into consideration for what?

Peterboro

Fran wrote: »

What do you mean by "grass her up"?

You would not be able to claim CTC for the same children. If you are and if you claimed after her then you will have to pay it back once they know.

Income to be taken into consideration for what?

To claim she has to declare she has no partner shes not married true but the home situation hasnt changed.