We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
I am SINGLE & claiming single person benefits but ex is using my address!
nicdigby
Posts: 113 Forumite
Hi all,
I have found out in the last two weeks that my ex has been using my address (where he also used to live) as the address for his HMRC tax returns. When I found out, I asked him to use his own address, where he lives. He has refused, saying my address is his "main address, no matter how much time he actually stays here".
He has stayed here (in the spare room) at the same time as me for only one night in the last 7 months, and that was only because a bad storm (trees coming down etc) prevented him getting the kids back up safely to his for the weekend and it was past their bedtime when he even got here. He stayed here another two nights with the children during those same 7 months, (he is named on the house deeds and mortgage), but I went elsewhere while he was here as I simply did not want to spend the night under the same roof as him; it causes arguments and we are not talking so it's not fair to subject the children to that.
I told him that his main/sole address legally is that where he pays council tax and where he is on the electoral role - he is registered for both at his property (I'm not on the council tax there and never have been, nor registered to vote there) and I am registered in at my own place (he is not on my council tax here). He still refuses to tell HMRC of his own address; I think it's purely pride or some financial control he is trying to make over me but he won't tell me why really.
I have said to him that he puts us both at risk of an investigation by the Child Tax Credits people because I claim as a single person. He didn't bother to reply. Yesterday another letter to him from HMRC came through to my address. I asked him again via text and he says this is his main address. I've now told him I've written to the HMRC to inform them of his correct address, but my ex says they won't take any notice because I am not the taxpayer concerned.
Do you have any input or thoughts please? I have been trying this afternoon to structure a letter to the DWP because they do have strict definitions of a whether a couple are "Living Together as a Married Couple" - I do meet all the criteria of a single person. eg separate holidays, grocery shopping, activities & social lives, all friends consider us separated, he pays me one maintenance sum per month and I pay for everything including the mortgage from there on (mortgage still in joint names). All bills in my name, no shared expenses, children are taken with him up to his flat to spend time with him every other weekend while I stay here. On the one occasion he saw them here, I went away. We do not share texts or emails or phone calls except for about the children or about dates where he is to have them and we can barely utter a sentence to each other during handovers.
But if my ex continues to insist on using this address especially for HMRC, won't it show a pattern over the months that he "lives" here and therefore they will think I have a partner? I'd be grateful for your thoughts - do I send a pre-emptive letter to the Child Tax Credits people, or wait for a investigation letter from them which I fear will inevitably arrive at some point?
Thanks for any help!
I have found out in the last two weeks that my ex has been using my address (where he also used to live) as the address for his HMRC tax returns. When I found out, I asked him to use his own address, where he lives. He has refused, saying my address is his "main address, no matter how much time he actually stays here".
He has stayed here (in the spare room) at the same time as me for only one night in the last 7 months, and that was only because a bad storm (trees coming down etc) prevented him getting the kids back up safely to his for the weekend and it was past their bedtime when he even got here. He stayed here another two nights with the children during those same 7 months, (he is named on the house deeds and mortgage), but I went elsewhere while he was here as I simply did not want to spend the night under the same roof as him; it causes arguments and we are not talking so it's not fair to subject the children to that.
I told him that his main/sole address legally is that where he pays council tax and where he is on the electoral role - he is registered for both at his property (I'm not on the council tax there and never have been, nor registered to vote there) and I am registered in at my own place (he is not on my council tax here). He still refuses to tell HMRC of his own address; I think it's purely pride or some financial control he is trying to make over me but he won't tell me why really.
I have said to him that he puts us both at risk of an investigation by the Child Tax Credits people because I claim as a single person. He didn't bother to reply. Yesterday another letter to him from HMRC came through to my address. I asked him again via text and he says this is his main address. I've now told him I've written to the HMRC to inform them of his correct address, but my ex says they won't take any notice because I am not the taxpayer concerned.
Do you have any input or thoughts please? I have been trying this afternoon to structure a letter to the DWP because they do have strict definitions of a whether a couple are "Living Together as a Married Couple" - I do meet all the criteria of a single person. eg separate holidays, grocery shopping, activities & social lives, all friends consider us separated, he pays me one maintenance sum per month and I pay for everything including the mortgage from there on (mortgage still in joint names). All bills in my name, no shared expenses, children are taken with him up to his flat to spend time with him every other weekend while I stay here. On the one occasion he saw them here, I went away. We do not share texts or emails or phone calls except for about the children or about dates where he is to have them and we can barely utter a sentence to each other during handovers.
But if my ex continues to insist on using this address especially for HMRC, won't it show a pattern over the months that he "lives" here and therefore they will think I have a partner? I'd be grateful for your thoughts - do I send a pre-emptive letter to the Child Tax Credits people, or wait for a investigation letter from them which I fear will inevitably arrive at some point?
Thanks for any help!
0
Comments
-
Call HMRC and tell them ‘hi, I got this letter to my address for X But he doesn’t live here anymore and hasn’t for X months. I believe he now lives at X’0
-
Put letter in letterbox with "no longer at this address" on the front.0
-
Thanks for the replies. Would you consider that sending a pre emptive letter to the child tax credits people would be a good idea? Or should I wait until they write to me ?0
-
It won’t really make a difference overall.0
-
Thanks for the replies. Would you consider that sending a pre emptive letter to the child tax credits people would be a good idea? Or should I wait until they write to me ?
I don't see that informing Child Tax Credits that you have just discovered that your ex is using your address but hasn't lived there since (date) would do any harm. At the very least it would make it clear that you are trying to be completely honest with them. If you are in receipt of any other benefits I would also write to them as well.0 -
He can still live there and it not affect your benefits; so this isn’t an issue.
Pushing it might even make him move back in...0 -
Not always - a person can be responsible for paying council tax on addresses they are not resident at (or even living at). This is why the whole situation can get very complicated.I told him that his main/sole address legally is that where he pays council tax and where he is on the electoral roleI no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
Not always - a person can be responsible for paying council tax on addresses they are not resident at (or even living at). This is why the whole situation can get very complicated.
Can you explain this further please? The ex pays council tax as a sole person at his property but he doesn't claim a single occupancy discount there. (Not sure why). He is on the mortgage and deeds still at the former matrimonial home and pays me one monthly informal maintenance payment per month which I use mainly to pay the mortgage. He is barely here as explained although I do recognise that because he is on the deeds he could insist on being here if he wanted to.
So, should he actually be on the council tax here as well? At the moment I claim a 25% sole occupancy, but should I change that given that he's still on the deeds????0 -
Can you explain this further please? The ex pays council tax as a sole person at his property but he doesn't claim a single occupancy discount there. (Not sure why). He is on the mortgage and deeds still at the former matrimonial home and pays me one monthly informal maintenance payment per month which I use mainly to pay the mortgage. He is barely here as explained although I do recognise that because he is on the deeds he could insist on being here if he wanted to.
So, should he actually be on the council tax here as well? At the moment I claim a 25% sole occupancy, but should I change that given that he's still on the deeds????
No, what CIS is saying is that, for example, landlords can be liable for council tax; and not be resident.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350K Banking & Borrowing
- 252.7K Reduce Debt & Boost Income
- 453.1K Spending & Discounts
- 243K Work, Benefits & Business
- 619.8K Mortgages, Homes & Bills
- 176.4K Life & Family
- 255.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 15.1K Coronavirus Support Boards