Benefits

Lucy2009*

epitome wrote: »

To tell them what?

To fill out what form?

What did you say on this form?


Not enough

Told them that me and my children's father are trying to work things out but for the time being we ain't committing into moving back in with each other yet as if I do make this decision then I would have to move my child to another school so want to make sure things are going to work out before I do make that decision. Think it was called an AT form where i had to give my partners details. (Asuming it's to make a joint claim as tho we are not living together im not single) told them we will be seeing each other at weekends with our children. but child tax said they can't do anything as I'm not living with him. Confused by it all as how can I be classed as a couple with the one then not with the other? Really confuses as I'm explaining the same thing to any one I talk to and they keep giving me different answers

Lucy2009*

Pmlindyloo
Yes I wrote on the back of the forms to say that we are trying to work things out and we will spend time together saturday/Sunday and the only money he gives me is child maintenance. We do have out standing council tax and rent arrears from a totally different address that we both pay off but if he's paying money off it he phones up and pays it his self and does not give it to me to pay. Benefits are so confusing

Lucy2009*

And no ain't asked for anything apart from his payslips at the moment to send back with the form

pmlindyloo

Is this the form you mean?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/632201/a1.pdf

If it is then look on the first page about your 'partner' and the definition. It is quite clear that you have to be living together.

You need to telephone and tell them you have made a mistake and that you are not living together and do not have to report his details.

Alice_Holt

Lucy,

From the info you have supplied, I would agree with pmlinyloo that:
"The test is whether you are a couple in the sense that you live together, share finances, etc etc.
From what you describe you are not a couple for Income support purposes.".
Particularly if your ex-partner will not providing any financial support to you as replacement for your Income Support.

As I indicated on my earlier post HMRC & the DWP use the same test. As you say "how can I be classed as a couple with the one then not with the other?"
If you didn't read the links I supplied - here is the test:
"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."

You may wish to go back to IS and explain (using these headings), why you cannot at the moment be classified as a couple. If the DWP have already closed your single IS claim, you will need to ask them to look at the decision again (a MR request).
https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/income-support/income-support-appeals/challenging-an-income-support-decision-mandatory-reconsideration/

Lucy2009*

I had a compliance officer ring me to say she heard that we were still in a relationship (from the girl he was involved in at the time don't think she liked the idea of how friendly we wer) . I told her we are trying to work things out and still live seperately and the whole time we have been split I have stayed over his place once and my parents allowed him to stop here Christmas eve so he could wake up to the kids. Didn't help that when we first split he was working away and stopping here there and every where so as he had no family down here my mother said he could have his mail here untill he found a place now that he has his mail goes there apart from the odd one that I have now instead of giving it to him when he calls here send it back to sender. She said I must report the change that I'm in a relationship with him and I would not here from her again. I then phoned the number she gave me for income support to say I was back with the children's father but not living together and she said I would have to fill in a form in the mean time she will put income support on hold untill they receive the form back just in case I get any over payments if not iwould have all money owed back. First person I spoke to from income support said the same as tax credits but the next person I spoke to was the lady who sent the form out

Lucy2009*

Not living in the same house hold

The relationship ain't stable as only know we have decided to give it ago again.

Only childmaintnace witch I have told him he is to continue to give as we are not living together and I am still more or less a single parent throughout the week even tho I'm trying to work things out with him.

We have 2 children together 1 year old and a 4 year old

Public knowledgement only few people know we are trying to work things out. Only time people would see us together if we are doing something with the children as neither of us rarely go out drinking ECT

Sexual relationship none exsitant at the moment !!!55357;!!!56834; hence why I'm asking if I would get in trouble if i was to stop at his over night.

If they did want to see if we are not living together his driving licence is registered to his as that I think must stay up to date he dies his own food shop gas elec ECT and I contribute to my parents with gas elec and so on. But only last week the letter was sent so ain't heard back yet to see if they want to see any of this yet

Lucy2009*

I have also read a few things that you can be classed as couple even thought you don't live together LAT living apart together.
If this is the case tho how can child tax say they can't do anything unless living together

epitome

If it was the form linked to above....what address did you put for him? and what contact address for him?

Compliance officers should not make a mistake like this so either you are not telling us everything or for the period you are saying he was homeless with his post going to your address...the compliance officer thinks you were living together.

It is a common fault of the DWP to record someone as residential at an address when the claimant has told DWP they are homeless with a correspondence address.

You should phone IS and tell them that you never lived together and therefore he is not your partner, and you filled in the form incorrectly because the compliance officer confused you and told you to do it that way.

You should also phone the compliance officer or their manager, to discuss.

There is no such thing as LAT on benefits - not that I know of.. Although a partner may be temporary away from home.

Lucy2009*

Everything I'm saying is correct.
Before we split we were all suppost to have moved to my parents and because we had to give 4 weeks notice for housing before moving we started changing addresses and even transfer forms for a different school. Me and the kids moved out a little bit earlier as it was a nightmare trying to pack things so there dad stayed there to finish it off to put into storage. The week he was support to move down he was in work at the time he said he didn't want to be with me. So at weekends he would stop at his mates and the one he was stopping with most weekends they both fell out so it made him homeless so another friend he knows said he could stay at the cabin in his garage while he was back on weekends. And I'm sure if I needed to to prove this the man would give his name and number to confirm that. When i spoke to the compliance officer she told me that if I rang this number number to report change then I wouldn't here from her and I said to her that we were going to try work things out but to continue to live apart she didn't seem to happy that i wernt moving in to be honest, seemed tho they rushed us into admiting we are trying to make things work while as only 2 weeks ago b4 her phone call intetview i had a misscarriage from someone else so we still had alot to talk about b4 considering trying to make things work. So we decided to tell her we are back together but not living together as i didnt want to be put through the stress of it all.but when I told her I have rang that number she said that's fine thank you for letting me know and ain't heard anything else off her.

The only thing I said to income support on phone was I'm trying to work things out with my ex bit we don't want to live together just yet and she was the one who sent the form out. My adviser checked yesterday as I didn't know if I still had to go to my work focus meeting as didn't know if my income support is stopping or not and she checked and the claim is still live just stopped untill they receive form so I don't get any over payments but if still eligible they will back date it all. I gave his address where he is living as a contact address