Is this legal ?

Cheeky_Monkey

The wife needs to wake up and smell the coffee - she's a benefit cheat and, despite what you say, she probably does know but doesn't care because she wants to have her cake and eat it (at the taxpayer's expense of course).

Until, of course, the day comes when 'someone' grasses her up to the DWP and then she'll be in a whole load of trouble.

Darren_Featherstone

I don't blame you for being cynical, but for what its worth she isn't doing it deliberately. She was entitled to the benefits to start with, things have changed, and the penny hasn't dropped. I am not defending the situation, I want it to stop and will tackle it in the best way I can. I've worked all my life and want benefits to be there for genuine scenarios and genuine claimants. The ease with which somebody can walk out on their family unit, split the family in two, and waltz off into a new life, paid for by the tax payer, is a difficult pill to swallow when you're the one left behind to pick up the pieces.

FBaby

So really she wants her cake and eat it. How many couple would opt to be together as they are now, but with one having a separate flat 'in case of' if that came with an additional £1,300 a month!

Ha ha, DP and I already talking about building a shed each when we move after retirement because we both love our space. Would it be great if by doing so, we got an extra £,1300.

It does stop to amaze me how the growing benefit dependent culture has reached the point when more and more people truly believe that it is ok to do what they want and get the tax payers to pay for it.

Hopefully someone will report them if they continue with this lifestyle.

Cheeky_Monkey

Darren_Featherstone wrote: »

I don't blame you for being cynical, but for what its worth she isn't doing it deliberately. She was entitled to the benefits to start with, things have changed, and the penny hasn't dropped. I am not defending the situation, I want it to stop and will tackle it in the best way I can. I've worked all my life and want benefits to be there for genuine scenarios and genuine claimants. The ease with which somebody can walk out on their family unit, split the family in two, and waltz off into a new life, paid for by the tax payer, is a difficult pill to swallow when you're the one left behind to pick up the pieces.

Bless your heart Darren, I think you're being a tad naive. I understand why you are because she's your wife and you want her back but I presume that she can read. It is made abundantly clear on all forms relating to her benefits that she must report a change in circumstances immediately.

At the moment, she's got the best of both worlds with plenty of money rolling in to make it even sweeter.

Icequeen99

As others have pointed out - tax credits have a slightly different definition for married couples than some DWP benefits. For tax credits - there is no requirement that they be married and in the same household. DWP benefits such as UC do have the 'same household' test.

For tax credits, the issue are you have now identified is at what point the separation was no longer permanent.

For married couples, you are a couple unless the separation is permanent. So there are two factors - is there a separation? If there is...is it permanent?

Sounds to me like initially there was a permanent separation, but that at the point it started on/off again the separation still existed but temporarily. HMRC might even argue there was no true separation at that point. It's academic, either way I think it strongly points towards them being a couple.

IQ

FBaby

At it stands, it's not you who would be prosecuted but her, and the consequences will be a full repayment at best, prosecution at worse.

I can see the dilemma if indeed, she then decides money over the relationship, but if she does that, then surely it does give a clear message of where her priority lays, and in that case, surely she is not someone to invest a future with anyway.

pebbles88

I've seen people get charged with benefit fraud in very similar circumstances through work.

Nick_C

pebbles88 wrote: »

I've seen people get charged with benefit fraud in very similar circumstances through work.

Ignoring the tax credit side and just looking at HB, how is this fraud? They are not a couple!

Comms69

Nick_C wrote: »

Ignoring the tax credit side and just looking at HB, how is this fraud? They are not a couple!

Yes they are.


Just for some reason HB use a different definition...

robpw2

Nick_C wrote: »

Ignoring the tax credit side and just looking at HB, how is this fraud? They are not a couple!

well they are ... housing benefit would obviously investigate and determine if they are a couple and if they are deliberately staying apart in order to claim benefits that they other wise wouldn't be entitled to