Is this legal ?

Darren_Featherstone

Hi all. Would be grateful for views on this scenario please.

A married couple lived together with 2 young children until splitting up. Both work, so no benefits were claimed except for child benefit.

When breaking up, the wife moves into a flat. She claims housing benefit, council tax support, working tax credit, and child tax credit. Comes to around £1300 a month. Husband claims nothing as he works full time. Custody of the girls is 50/50, mum gets child benefit for one girl, dad gets child benefit for the other. So far, so good.

After six months of genuine separation, husband and wife start to see each other again. Nine months later, they are back together, but remain living in separate homes, and the wife continues to receive £1300 a month in housing benefit, council tax support, working tax credit, and child tax credit. The husband continues to work full time so he just gets one child benefit payment, and 25% single person discount on his council tax. The children continue to live with both parents on a 50/50 custody basis. They go away on expensive family holidays and stay over at each others houses most nights.

Is this within the rules or has a line been crossed ? Comments and advice would be appreciated.

Cheeky_Monkey

Darren_Featherstone wrote: »

Hi all. Would be grateful for views on this scenario please.

A married couple lived together with 2 young children until splitting up. Both work, so no benefits were claimed except for child benefit.

When breaking up, the wife moves into a flat. She claims housing benefit, council tax support, working tax credit, and child tax credit. Comes to around £1300 a month. Husband claims nothing as he works full time. Custody of the girls is 50/50, mum gets child benefit for one girl, dad gets child benefit for the other. So far, so good.

After six months of genuine separation, husband and wife start to see each other again. Nine months later, they are back together, but remain living in separate homes, and the wife continues to receive £1300 a month in housing benefit, council tax support, working tax credit, and child tax credit. The husband continues to work full time so he just gets one child benefit payment, and 25% single person discount on his council tax. The children continue to live with both parents on a 50/50 custody basis. They go away on expensive family holidays and stay over at each others houses most nights.

Is this within the rules or has a line been crossed ? Comments and advice would be appreciated.

I think you'll find it's called 'benefit fraud'

Darren_Featherstone

Thank you. Genuine question - at what point did it become fraud ? The break up was genuine, and the "getting back together" period was on/off/on/off for several months. Presumably on day one of a reconcillation, it is not fraud.

[Deleted User]

Darren_Featherstone wrote: »

Thank you. Genuine question - at what point did it become fraud ? The break up was genuine, and the "getting back together" period was on/off/on/off for several months. Presumably on day one of a reconcillation, it is not fraud.

Of course it was, they were not a new couple testing the waters of a new relationship they’re a married couple rekindling. The minute they took that step and didn’t inform the authorities they committed fraud.

poppy12345

Darren_Featherstone wrote: »

Thank you. Genuine question - at what point did it become fraud ? The break up was genuine, and the "getting back together" period was on/off/on/off for several months. Presumably on day one of a reconcillation, it is not fraud.

The day they "got back together" regardless of whether it was on/off.

Nick_C

If they are not living together then they are not a couple.

Nick_C

Penitent wrote: »

A line has very clearly been crossed. They're still married and are acting a couple, so they should be considered a couple for Tax Credits and HB.

Definition of a couple ;

(a)a man and a woman who are married to each other and are members of the same household;
(b)a man and a woman who are not married to each other but are living together as husband and wife;
(c)two people of the same sex who are civil partners of each other and are members of the same household; or
(d)two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;

elsien

For tax credits, there is no requirement for a couple to be living as part of the same household. They can be a couple and living apart.

poppy12345

Nick_C wrote: »

Definition of a couple ;

(a)a man and a woman who are married to each other and are members of the same household;
(b)a man and a woman who are not married to each other but are living together as husband and wife;
(c)two people of the same sex who are civil partners of each other and are members of the same household; or
(d)two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;

They are married. They split up but are now back together but living seperately. They spend nights together and go on holiday together. They are still married but one is claiming means tested benefits......simple answer is fraud.

Darren_Featherstone

The living apart is genuine - when they split, it was meant to be permanent. They genuinely live in separate homes, her flat is her flat genuinely, his home is his home, if that makes sense. As they have got back together, they stay over at each others places.

elsien

Some interesting information here that the two people concerned may wish to read.
https://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/