Single or joint TC claim

danrobben

12 years ago I spilt with my husband and my children and I stayed with an old friend and his wife while the council looked for temp accommodation for me and my boys. It ended up about 6/7 months as I had to claim for everything, we left due to domestic violence with only the clothes we had on. My friend made us very welcome and we became the best of friends always.
8 half years later, my friends wife moved in with her boyfriend breaking my friends heart completely. She left him to pay for rent, all built up utility bills ( she was spending money he gave her these things) this meant on one income, his own, he could no longer afford the rent etc and his head was just above water. He became very depressed and lost his job due to drinking to much ( helped him to sleep) I was living in a 3 bed house and only used 2 beds so I offered him the spare room, no costs while he was getting on his feet just help towards gas, electric etc.
he had his own lock and key on his door and only he could enter there. He had his own shelf in fridge and space of couple of shelves in cupboard in kitchen. He was mostly in his room, if at home, crying about what had become of him!
Housing benefit and council tax benefit were notified about this change to my home and because I get middle DLA and ESA no money was taken off from my benefits.
Once all the bedroom tax came into play I struggled to stay above water too. So I looked for an exchanged. 2 months ago I exchanged to a bungalow with a wet room, ideal for my disabilities.
After all my friend had done to me 12 years ago I felt very bad for asking him to leave, he went to stay with his parents. He helped me move into my new place and promised he would do garden as a thank you for helping him. From his parents to his work he has to travel past top of my road so often visits and may stay over if we have a gave ring and he has a few drinks with us.
Today I have had a call from CTC telling me if I can not prove he is not my partner or/ and boyfriend my CTC will stop. They also said since the move to bungalow my friend has changed a few things to my bungalow address from my old address, I gave him permission to do this, after all he is my good friend, they then went on to say I must prove he doesn't live with me anymore. I can't do this as he is still using my address and he argued with his sister last week and walked from his parents house. For the first 2 nights he worked overnight but after that he has been at my new bungalow in my sons bedroom, because my son, youngest, was caught by me smoking a joint and I made him go and live with his dad for a while.
I have a bowel problem and a mental health illness and my middle son, is my main carer and often comes stays overnight to help if I soil myself at night.
CTC lady was really trying hard to catch me out. With her words to me and kept saying she believes my story, enthasizing the word 'Story'
She told me I should claim as a joint claim if I can not provide proof that we are not a couple.
I spoke to my friend about this and he has said he is willing to do this if it means ease for me.
1, if we do this, surely we are committing fraud as we are lying about being a couple.
2, does this mean he will get my sons money and then pay to me, would this not make us seem we are in a relationship as we are sharing.
I seem to be going around in circles because of what the lady has explained to me and I don't know what to do for the best.
Any help would be gratefully received. Sam x

danrobben

thank you this is very helpful. No we are not a couple we are truly just best of friends x

Icequeen99

You need to get some advice about you situation.

You may well be sure you are not a couple and that you are just friends and that could be the truth (I am accepting what you say at face value) but whether HMRC will come to the same conclusion looking at the 'evidence' is another question.

You are in a very difficult position. If you put in a couple claim, you will be committing fraud because you are not a couple who are 'living together as husband and wife'. Not just that, but you would then be confirming that your single claim was wrong and potentially fraudulent because you are a couple and they will want you to pay back ALL of the money you have received from tax credits for the last one or two years (possibly longer if they wanted to). You will then have to pay that money back - so you need proper advice on your situation if you do decide to claim as a couple.
If he is working, any income he has will be counted as part of your joint claim if you do put in a couple claim.

The proper thing to do would be to find evidence - presumably there are no financial ties on our bank accounts etc...so you could show all utilities in your name and all bank accounts with nothing crossing over between you? No joint financial ties (such as loans etc....)? that will all be evidence, and if all HMRC have got are SOME post going to your house you have a case to argue. Also, presumably he has some things going elsewhere. Where is he registered on the electoral role?

If HMRC decide you are part of a couple, you would then appeal and show this evidence to a Tribunal, but that make take a long time and you could be without payment.

Both outcomes have problems for you - so that is why I am suggesting to speak to someone who can advise you.

IQ

danrobben

thank you for your advise.
We have no links ie Bank accounts etc. The only thing I can think of is that when I moved he asked to join virgin media and they refused me, I asked about if someone could do it for me and he did it for me but with my bank details so the bill is paid via my account not his
I sent them all my account info, utility bills etc with just my name on but they are asking me to prove more, they said the info doesn't mean anything.
I am assuming he is still at the old address on the electors role because even I haven't thought about changing that you and I will now do it this week.
I have asked him if he has had any credit recently and given my new address and he has said no.
He has his car and insurance at my new address because I have a drive and insurance is cheaper in my area on a drive! But my sister has had her insurance at my address to in the past and I have never thought nothing of it.
I must say when he is around, and because of my illness, he can be a great help to me - ie making me something to eat because my son has had to work late and will not get back to do it for me, or help me by driving my car to take me to the shops (otherwise I am housebound) silly things that a lot of people take for granted everyday.
He is a keen gardener so he often sorts out the garden for me as I can no longer do this anymore, and it wasn't my cup of tea either.
We are best friends but because he is male I am having trouble. I have all my life, been able to get on better with males than females. When I was able, I would do a lot of manly things like decorating, electrics, building, removing cupboards etc. My boys would buy me tools for Christmas! I was a tom boy at school.
He does have a girlfriend who said she will write to them but CTC lady said this is not evidence because anyone could have wrote it.
Since when has it become a crime to help someone in need out. My downfall has always been that I love helping others and often put others before myself - When I was in my 30's a mental health nurse gave me a book about People Pleasers, it was me all over. Why I don't know, I just get enjoyment and satisfaction out of it, always have done.
I am going to contact Shelter tomorrow to see if they can help me. I have been on the internet all day looking for rules and regulations concerning this and my head is now pounding and my back hurting.
thank you again. It is so nice that others help out too and I am not alone x

FBaby

From your original post, it sounds like he was living with you at your old place for quite some time, so it is odd they would have picked up that you might be living as a couple now, rather than before? Or are they questioning whether you were a couple previously when he really lived at your place with you? Or is it that they accepted that you were not a couple before because you had another room that he could use and now you don't?

If he's been separated for over three years, has he been in any relationship since? Can he explain why he chose to use your address rather than his parents?

GlasweJen

Sounds to me like your friend is also an informal carer for you?

Icequeen99

I completely understand your situation, and I can see why from your perspective you wouldn't think anything of it.

But, trying to play devil's advocate, put yourself in HMRC's shoes and try and look at your situation and there is certainly evidence to suggest it might be more than just friends.

If he has a girlfriend - would he not be better registering himself at her address and having his post sent there?

You may well have a battle trying to persuade HMRC that you are not a couple, as they will place great weight on the fact his post is coming to you and he has taken on virgin media at your property. Plus the fact that his car is insured at your house - most insurance policies require you to declare where the car is kept the majority of the time to qualify for a cheaper price in a different postcode so they may well use that against you as well if he is telling his insurance company that the car is parked at your property most of the time.

All you can do is send what you have, then take it to appeal. i can't see that claiming as a couple is in any way in your interests.

IQ