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Tax credits investigating my claim?

funtimex
funtimex Posts: 6 Forumite
edited 26 February 2014 at 9:18PM in Benefits & tax credits
Removed removed

Comments

  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    Have you taken any steps to separate permanently? 3 years is a long time so TCO would expect to see some steps taken even if you are still living together.

    As you are married the test is whether you are 'separated in circumstances likely to be permanent'.

    Have you consulted a solicitor about divorce? Have you started divorce proceedings? Do either of you have another partner?
    Have you got evidence of child maintenance payments? Have you taken steps to end financial ties?

    You said he pays the bills - do you pay a proportion of them and do you have evidence of doing that?

    I have just posted on another thread where someone who I think works for tax credits said that it was ok to claim as a single person when living with someone. She was right, but this is exactly what I posted to warn the person of - providing it when they check your claim, which they will do eventually is very difficult.

    IQ
  • I would never divorce. The separation was his idea not mine. I believe in marriage for life. I never separated the accounts as I wasn't advised that I needed to do this. He has had another partner in the past but I don't know any details as it would be rubbing my nose in it. We actually get on ok and because of the children thought it would be better to stay in the marital home as neither of us could afford to leave and didn't want the children to be dragged from house to house.
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    funtimex wrote: »
    I would never divorce. The separation was his idea not mine. I believe in marriage for life. I never separated the accounts as I wasn't advised that I needed to do this. He has had another partner in the past but I don't know any details as it would be rubbing my nose in it. We actually get on ok and because of the children thought it would be better to stay in the marital home as neither of us could afford to leave and didn't want the children to be dragged from house to house.

    Since you are still financially linked in (it seems) so many ways then I suspect that you may have difficulty proving that you were entitled to make a single claim and may also, therefore, have an overpayment.
  • I understand that and am cancelling the award tomorrow. Just worried that they are going to ask for all 3 years money to be repaid- I only work part time and would only be able to pay back a small amount each month. It would leave me in financial hardship but it is doable
  • Also, you refer to him as your 'husband' in the first post. I know you say you would never divorce but if you split up 3 years ago as you claim, why are you still calling him your husband? Things like that will weaken your claim that you are single
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    funtimex wrote: »
    I understand that and am cancelling the award tomorrow. Just worried that they are going to ask for all 3 years money to be repaid- I only work part time and would only be able to pay back a small amount each month. It would leave me in financial hardship but it is doable

    it sounds like you are hoping it is temporary in which case you should still be claiming as a couple. Everything you have received on your single claim will be overpaid and if you want to keep claiming you will have to make a joint claim together.

    IQ
  • tomtom256
    tomtom256 Posts: 2,256 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would start saving for an overpayment.
This discussion has been closed.
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