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JaneD1980

Sorry I didn't mean insults,I just meant I didn't want any one having a go at me like I've seen on other posts so I'm sorry if I offended you.

Icequeen99

JaneD1980 wrote: »

I split up with him over 4 yrs ago just before my 2nd son was born and started to claim income support.
Last year we went away for the night for my sons bday, ended up stupidly having a one night stand and getting pregnant.
He is unreliable and hasn't worked, just bums about all over the place sleeping at mates and family members houses.
Lately he has been round about 3 times a wk after sch to see kids and some Sundays.
I know this isn't an ideal situation and I don't like claiming benefits so don't need any insults about it I just need advice.
He hasn't got a fixed abode so can't prove he's not living here. Also his car is registered to this address as he's got no address to put down.
I'm scared stiff I'm going to get into trouble cos I can't prove where hes living.
All I want to know is if I change my circumstances at the meeting the lady said it would start a fresh claim and the case would be closed but I'm scared she's lying to get me to do this x

Are you claiming child tax credit as well?

Even though you may not be living together, your difficulty is going to be proving it. Certainly if you are getting tax credits and HMRC find out about the IS decision (if they decide you are part of a couple) then you could owe back some child tax credit as well.

You need to look for any proof at all that he is registered somewhere else.

IQ

JaneD1980

No he doesn't claim anything, doesn't sleep here, have meals etc.
His car insurance and car are registered here as he doesn't have a fixed abode so if he didn't have a car he wouldn't be able to visit the kids.
I'm only wanting to go with the 2nd option as I know to they will find more evidence that he's here than I can prove he's not, even though he's not sleeping here.
We did talk about moving in together but it never went anywhere. I'm worried sick they're gonna pin fraud on me when I can't prove otherwise

Alice_Holt

Some info here on how the DWP determine if you and your ex are living together:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/474014/dmgch11.pdf

Basically:
"Living in the same household
Stability of relationship
Financial support
Dependent children
Public acknowledgement
Sexual relationship"

See also - https://www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual/ccm15075

"Undisclosed Partners: Undisclosed Partner has No Other Address
A customer may accept that the suspected partner uses their address for mailing purposes. This could be for:
tax and benefit purposes
financial purposes (bank account, credit card, loan)
for motor vehicle purposes (insurance, vehicle registration)

The customer might suggest this is because the suspected partner has no fixed abode and simply drifts around a series of friends or because their mail is not secure at their own home.

You are entitled to ask for evidence of the suspected partner’s other accommodation address and often an appeal tribunal will ask for this sort of information. However, you cannot demand that they provide such information nor can you say that if they do not provide evidence of an alternative address you will treat them as LTAHAW or LTACP and terminate their award.

The absence of such evidence is not conclusive proof that the customer is living with the suspected partner. Where the customer cannot provide such evidence you must still look at all of the other criteria and decide their various strengths and weaknesses. In addition, you should consider whether it is reasonable for the suspected partner to be using the customer’s address."


Are you / were you married? I ask because the criteria is different.

See:
http://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/

Be aware that this may affect your tax credits and other benefits than just IS.

If the DWP decide you are living together, you have the right to appeal their decision.
Would the father of your children support you financially if your benefits stopped?

You may wish to seek advice from your local CAB if you need to appeal a living together decision.

FBaby

Why did I know there would be an 'accidental' baby arising in the midst of it!

JaneD1980

This seems like the best option to claim as a family but I'm just scared that if I do that they are going to say so he was living with you and the case isn't closed.
I can't prove that he's been living elsewhere, his car is registered here so he can see the kids, but to fraud investigation they're gonna pin it on me that he has as I can't prove otherwise

Bogalot

JaneD1980 wrote: »

No he doesn't claim anything, doesn't sleep here, have meals etc.
His car insurance and car are registered here as he doesn't have a fixed abode so if he didn't have a car he wouldn't be able to visit the kids.
I'm only wanting to go with the 2nd option as I know to they will find more evidence that he's here than I can prove he's not, even though he's not sleeping here.
We did talk about moving in together but it never went anywhere. I'm worried sick they're gonna pin fraud on me when I can't prove otherwise

How is he paying for this car and its running costs? Where is his bank account registered?

JaneD1980

He's just borrowing money or working for family to pay this

JaneD1980

He doesn't have a bank account

FBaby

The problem is that it wasn't just a random check someone actually reported you as they believed he lives with you. Do you know who that might be?