Housing Benefit Married and Working Abroad / Away Long Term

goingbald

I am planning to work abroad, I am married and have 2 children.

My wife and children are planning to stay here.

I will be away for 11 months of the year

She is not working and has 2 twin babies (6 months)

I do know she can claim Tax Credits as a single parent despite still being married as they see me as non resident.


However will me wife be able to claim Housing Benefits ?

kingfisherblue

Will you be sending money home to support your wife and children? Most benefits are based on income.

Darksparkle

For tax credit purposes, a married couple means:
a man and a woman who are married to each other and are not:
separated under a court order, or
separated in circumstances in which the separation is likely to be permanent

So if you are not separating it is possible that you will still be considered a couple.

Where are you going to work?

Will you be away for a full 11 months the return for one month or will it be broken up some other way?

Housing_Benefit_Officer

No. Otherwise anyone whose partner is a merchant seaman or in the military and away for home for months or years working abroad would be claiming benefits. There is case law on this specific issue.

Your wife can claim benefits but must declare you and your income otherwise it is fraud.

HappyMJ

Housing_Benefit_Officer wrote: »

No. Otherwise anyone whose partner is a merchant seaman or in the military and away for home for months or years working abroad would be claiming benefits. There is case law on this specific issue.

Your wife can claim benefits but must declare you and your income otherwise it is fraud.

Are you absolutely sure of that? You've got me really worried now.

I really do need evidence of this as I might be in the same situation so my partner will definitely end up homeless if she cannot claim benefits. She cannot accompany me, cannot work due to her chronic medical condition which would normally entitle her to ESA and my income will not be able to support her as well as me.

FBaby

What would be the rationale behind leaving your wife and little babies for most of the year if it isn't to go away because it means you are then in a position to support your family? If it doesn't put you in a situation you can do so, then what's the incentive? Or it is a case of maximising income that you wouldn't be eligible for if working in this country, ie. playing the system?

Housing_Benefit_Officer

HappyMJ wrote: »

Are you absolutely sure of that? You've got me really worried now.

I really do need evidence of this as I might be in the same situation so my partner will definitely end up homeless if she cannot claim benefits. She cannot accompany me, cannot work due to her chronic medical condition which would normally entitle her to ESA and my income will not be able to support her as well as me.

Yes I am absolutely sure of that. During the first Gulf War lots or army wives tried to claim as single parents and failed. A wife of a merchant seaman went to appeal as her husband was at see for 11 months of the year - the appeal was rejected.

People have been prosecuted for fraud for failing to declare their husband was working abroad and they claimed to be a single parent.

http://www.dailymail.co.uk/news/article-2194583/Mother-claimed-13-000-benefits-single-parent-husband-away-lot.html

Diary

Is she only acting as single for purposes of claiming benefit or will she be genuinely single? It's an important difference.

fabforty

If your pay will not be sufficient to support your family, you would be better off finding work here - even if it's on NMW. If you are still a couple and therefore a family, leaving them behind for 11 months - missing those key development milestones in your children's lives - makes no sense. My brother works away for 6-8 months at a time (he has a five year contract) and he has three children; however he works as an oil engineer (off shore) and with overtime, bonuses etc earns £120k p.a. I can see the logic with his situation but not with yours.

fabforty

HappyMJ wrote: »

Are you absolutely sure of that? You've got me really worried now.

I really do need evidence of this as I might be in the same situation so my partner will definitely end up homeless if she cannot claim benefits. She cannot accompany me, cannot work due to her chronic medical condition which would normally entitle her to ESA and my income will not be able to support her as well as me.

Are you the OP?

Icequeen99

Housing_Benefit_Officer wrote: »

No. Otherwise anyone whose partner is a merchant seaman or in the military and away for home for months or years working abroad would be claiming benefits. There is case law on this specific issue.

Your wife can claim benefits but must declare you and your income otherwise it is fraud.

That might be the case for housing benefit but not for tax credits.

For tax credits, after the first 8 weeks of the absence, the wife would have to make a single claim and his income would not be taken into account. This is because he is not treated as 'in the UK' for tax credit purposes.

Forces personnel are treated as 'in the UK' so it wouldn't apply to them.

When he comes back, she will need to end the single claim and make a joint claim and then do the same in reverse after the first 8 weeks he is gone.

see http://www.hmrc.gov.uk/manuals/tctmanual/TCTM09372.htm

IQ