NLTAHAW - Tax Credits

Wilson27

I am looking for some advice. I contacted HMRC tax credits to advise that ex partner has moved back into the property after an attack on my son. I am claiming tax credits as a lone parent although we are not living together as husband and wife. We live separate lives and have separate living arrangements. I have now been asked by tax credits to provide evidence that I am not living together as husband and wife. I was wondering what sort of information they are looking for as I am at a loss and the person I spoke to on the phone was very abrupt and has stated that unless I can confirm this then I will need to pay back my tax credits back to April, 2017, which would leave me in greater financial hardship. I have my own bank account and pay the mortgage.

Any advice would be grateful.

[Deleted User]

Wilson27 wrote: »

I am looking for some advice. I contacted HMRC tax credits to advise that ex partner has moved back into the property after an attack on my son. I am claiming tax credits as a lone parent although we are not living together as husband and wife. We live separate lives and have separate living arrangements. I have now been asked by tax credits to provide evidence that I am not living together as husband and wife. I was wondering what sort of information they are looking for as I am at a loss and the person I spoke to on the phone was very abrupt and has stated that unless I can confirm this then I will need to pay back my tax credits back to April, 2017, which would leave me in greater financial hardship. I have my own bank account and pay the mortgage.

Any advice would be grateful.

Rent book to the partner who is lodging with you, separate household bills, separate insurances, third party evidence you are separated gp, school, divorce papers etc.

Though pretty hard to claim and prove your not a couple if living in the same home and were previously a couple.

https://www.gov.uk/claim-tax-credits/joint-claims

3. Joint claims

You can apply for tax credits as a single person, or as a couple (known as a ‘joint claim’) if you’re both 16 or over and living in the UK.

Usually, you must make a joint claim if:

you’re married or in a civil partnership (and not permanently or legally separated)
you live with your partner as though you’re married or in a civil partnership
you’re temporarily living away from one another, for example looking after a relative or working abroad for the government for less than 8 weeks
You might also need to make a joint claim if you and your partner are not married or in a civil partnership, but:

sometimes live in the same house
have a joint financial agreement
have dependent children

Alice_Holt

Some info here:
https://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/

Are you married?
Or were you living together as man and wife?

If the latter then this is the test applied by HMRC:

This test is based on social security law, and HMRC state in their manuals that they will use the criteria adopted by DWP for this purpose which include the following:
Living in the same household
Stability of relationship
Financial support
Dependent children
Public acknowledgement
Sexual relationship

If HMRC decide you are Living together as husband and wife, you can appeal this decision to a tribunal if you believe the decision incorrect.
https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/working-and-child-tax-credits/tax-credits-appeals/appealing-a-tax-credits-decision-at-a-tribunal/

FBaby

Is he still paying maintenance and it is clearly labelled as such and is in addition to his contribution to the bills?

NotSuchASmugMarriedNow

I think it's based on household income. They are not interested in your romantic liaisons, or lack of.

Alice_Holt

NotSuchASmugMarriedNow wrote: »

I think it's based on household income. They are not interested in your romantic liaisons, or lack of.

Have you actually read the opening post?
"I have now been asked by tax credits to provide evidence that I am not living together as husband and wife."

HMRC are very "interested in your romantic liaisons, or lack of.", as this will determine if the TC claim is single or joint and if there is a overpayment to be recovered from the OP.

Dear oh dear!

FBaby

Wasn't there a similar thread a year or so ago when a father came back to live under the same roof to support his ex with their disabled child. I think she came back to claim that the investigation had ruled that they were indeed not living as husband and wife, although of course, that doesn't mean that was the truth. OP, you might want to do a search though.