Seeking advice please.

sdoherty1000

Even though I am living with my wife of 11 years we are no longer together, we are living together while we agree on how to move forward with the house sale etc.
There is currently 2 adults and 4 teenagers living in the house yet only the youngest one is mine biologically. 2 years ago when we decided we had had enough she removed me from the tax credits application (unbeknown to me at the time) and I am now looking at options.

Obviously she is still claiming for the children as they are all in full time education but since I am still living here and will be for the foreseeable future am I entitled to make my own claim for tax credits? I have no idea if she is claiming as a single person or a couple on her benefits and I suspect its the later. Since I am living with my biological child what is the deciding factor on who the benefits goes to?

Ages are 18,17,16 and 14. If she has been claiming as a single person will an application I make be seen as fraud or get her in trouble in anyway?

Thank you for reading and hopefully taking the time to reply

Darksparkle

A married couple should claim tax credits as a couple unless you are:
- separated under a court order, or
- separated in circumstances in which the separation is likely to be permanent

http://www.hmrc.gov.uk/manuals/tctmanual/tctm09320.htm

HMRC could ask for evidence of what actions you have take to separate permanently eg sought by legal advice to divorce, looked into selling the house etc.

So if you have separated in circumstances likely to be permanent and can prove it then you can both be considered "single" for tax credit purposes.

If you do attempt to claim and both live at the same address it could lead to a compliance check. Although that could happen anyway even if you don't claim, she could still be looked at by compliance. They use credit reference agencies to find any link to a possible partner as well as their own systems.

Only one person can claim child tax credits for a child. Biology isn't really considered here, it's about who the main carer is for the child.

If you were to live in separate homes, who would they children live with?

If you put in a claim for a child already on someone else award both of you will be sent a letter asking questions to determine who is the main carer. Examples of what they consider are here:

http://www.hmrc.gov.uk/manuals/tctmanual/TCTM02205.htm

There is also the possibility of you claiming working tax credits without involving a child tax credit claim but without knowing any details of your circumstances it is difficult to say.

sdoherty1000

Amazing reply thank you very much- You have cleared up a few things for me.

We have both been to see a solicitor and had estate agents round in June last year so I imagine that will be enough to make a singles claim. Good news as I don't want to get her in trouble but it does sound as though she has done it all by the book.

I guess the way forward is to put in my own claim and see what happens.

Thanks again for taking the time to reply.

Steve

tomtontom

It would be sensible to ask your wife what she is claiming before you make a claim.

Who pays the household bills? Is the house actually on the market? Having an EA round nine months ago is not in itself sufficient to show you're separated.

Darksparkle

sdoherty1000 wrote: »

Amazing reply thank you very much- You have cleared up a few things for me.

We have both been to see a solicitor and had estate agents round in June last year so I imagine that will be enough to make a singles claim. Good news as I don't want to get her in trouble but it does sound as though she has done it all by the book.

I guess the way forward is to put in my own claim and see what happens.

Thanks again for taking the time to reply.

Steve

If you are in a position to discuss these matters with her first then you should. Don't imagine she'd be too happy to get a letter through from HMRC saying you are trying to dispute her responsibility for child(ren).

Plus even if you do genuinely believe you are the main carer, you haven't mentioned your earnings etc which is what tax credits is also based on.

sdoherty1000

The role is divided 50/50 so who determines who gets to be called the main care giver?

We both earn roughly the same at 24k before tax and from our last conversation she earns £920.00 per month in benefits. I am not trying to take anything away from her responsibility I just have a few routine questions on what happens next and why see is able to claim and I am not. She has her flaws but being a bad monther isn't one of them

Darksparkle

sdoherty1000 wrote: »

The role is divided 50/50 so who determines who gets to be called the main care giver?

We both earn roughly the same at 24k before tax and from our last conversation she earns £920.00 per month in benefits. I am not trying to take anything away from her responsibility I just have a few routine questions on what happens next and why see is able to claim and I am not. She has her flaws but being a bad monther isn't one of them

No one is saying you cannot claim, but the fact is only one parent can. The government won't pay twice for the same child.

I was merely suggesting you talk it through with her as your actions will ultimately affect her.

HMRC would prefer that you and your ex would decide this for yourself.

There are not many genuine 50/50 splits. Usually one parent does have more care than the other. And it is the main carer that is entitled.

As mentioned previously, if you can't agree yourself and you do both try to claim for the same child then HMRC will write to you both to establish the facts. Examples of the questions where in the link I posted.

On £24,000 claiming for just one child you'd get approx £75 per month.

In tax credits she would currently get about £769 (I assume child benefit is included in the amount you mention).

If you took one of the children off her claim she'd go down to £538, a difference of £231 per month so the children are actually financially better off being left on the one claim.

sdoherty1000

Thanks you have been a massive help

FBaby

Even though I am living with my wife of 11 years we are no longer together, we are living together while we agree on how to move forward with the house sale etc.

You mean you've needed 2 years to get to that stage that you still haven't been able to come up with any form of agreement? You seem confident that you are meeting the rules of being considered single living together, I certainly wouldn't be so confident.

2 years of supposed separation, and all you've accomplished in that time is to see a solicitor and estate agent once? Why wasn't the house put up for sale then? How much longer do you plan on living this way?

sdoherty1000

It will be sorted when she sorts out what we are doing. At first I told her I would settle 60/40 to push through the sale which she declined, she then told me if I did the house up she would sell....I did the house up but she decided she wouldn't sell. Solicitor advised me to ask her to consider renting my claim in the house and deducting any child maintenance...she declined Which is no different to a part buy part rent scheme.

She says she can't afford to buy me out, can't afford to private rent so that's the reality of the situation but to answer your question.....most likely until the youngest is 18 in just over 3 years times.

tomtontom

Can you not rent elsewhere?

Your wife will no doubt be aware that no court will force a sale until the youngest is 18, and it's very unlikely she would have to pay you anything until that time. She has no reason to do anything for several more years.