Benefit Cheat?

keithing-ger

Hi,

My wife and I split last year and have 4 kids. She was given a council house and now receives various benefits as she is effectively a single parent, namely Income Support (partial), highest rate Child Tax Credit, along with other things.

Recently, we have been trying to reconcile and I have spent some time with her in public as well as being round at new house, initially to see my sons but more recently to try and fight for our marriage.

She has just had a letter through asking her to attend an appointment, which is very vague but is suggesting benefit fraud.

We are not back together, although we very much hope we can be, and understand that she will lose her benefits.

My question, is at what stage do we, if we do get back together, advise the appropriate authorities? We dont want to be cheating anyone!

Thanks

DomRavioli

You inform the DWP when you are in a relationship with that person. The addition of a partner (resident or not resident in the property where the claimant lives) is a change in circumstances, failure to inform the DWP is fraud.

If your wife/ex wife are in a relationship, she better tell the benefits office and quick sticks.

keithing-ger

Thanks Mr Ravioli!

From how I have described above, does that sound to you like we are in a relationship? Its a tough one to decide the exact point it becomes a relationship I guess. I wonder if there is a definition on Gov.UK?

I don't sleep over, except for one time when our youngest was unwell and i slept on the sofa.

Thanks

cattie

Where do you currently live & do you pay rent there? Is all of your post sent to the address where you live? If so this is good evidence that you don't actually live at your partners address.

When you spend time together, say any evenings & weekends, you no doubt do so as a family, going out & about together & eating together? This kind of thing can be constructed as being part of a couple.

Your wife should give the relevant benefit departments as much notice as possible when you do decide to move back in together, ie; writing & letting them know that as from such & such a date you will be living together. Take a copy of letter & send via recorded mail so you have a receipt of letter being received at destination.

FBaby

How long has it been since you've been considering gving your marriage another try and spending more time together as a couple?

Icequeen99

The rules are different for DWP benefits and HMRC child tax credit.

As you are a married couple - for DWP it is whether you are in the 'same household'

For tax credits - if you are married, you are a couple unless you are 'separated in circumstances likely to be permanent'. Sounds to me as if the separation is more temporary in which case hMRC might deem you to be a couple.

IQ

antrobus

keithing-ger wrote: »

.... I wonder if there is a definition on Gov.UK?...

Indeed there is.

See - DMG Vol 3 Ch 11: Living together as husband and wife or as civil partners
https://www.gov.uk/government/publications/decision-makers-guide-vol-3-subjects-common-to-all-benefits-staff-guide

keithing-ger

Thanks for all of the advice.

I pay rent and have all of my mail to my own address. She has everything at her new address.

We do spend time together with the kids but thats for their benefit and indeed know of a lot of former couples who have a healthy, friendly, friendship that allows them to do that with the kids. Hopefully this wouldnt go against us.

Thanks for link, got caught up with my lunch, will look at that just now.

DomRavioli

keithing-ger wrote: »

Thanks Mr Ravioli! I'm a girl!

From how I have described above, does that sound to you like we are in a relationship? Its a tough one to decide the exact point it becomes a relationship I guess. I wonder if there is a definition on Gov.UK?

I don't sleep over, except for one time when our youngest was unwell and i slept on the sofa.

Thanks

Sounds like you're not in a relationship - I would have a look at the guidance posted, its spot on.

Icequeen99

antrobus wrote: »

Indeed there is.

See - DMG Vol 3 Ch 11: Living together as husband and wife or as civil partners
https://www.gov.uk/government/publications/decision-makers-guide-vol-3-subjects-common-to-all-benefits-staff-guide

But that is only the DWP definition - i said above tax credits is different because you don't have to be in the 'same household' as required for DWP benefits. Which means a married couple living in two separate houses will be counted as a couple if they are not separated permanently.

IQ