Father of 2 in quite a unique situation! What benefits should I claim?

ths62

Thank you. It's reassuring to know it's not as unique as I first thought. Just don't know of anyone in my situation!

ths62

It's reassuring to know.. I didn't know anyone with a situation like mine when I asked around. Thank you for your words of advice!

phoenix1837

I'm a little confused about you both claiming as single parents currently when you are clearly a couple? If UC get wind of this they could see it as fraud. You do not have to be living together to be classified as a couple, the fact you are in a relationship and have had a child together and presumably act as a couple in all other aspects of your life would deem you a couple. Be very wary going forward.

calcotti

phoenix1837 wrote: »

I'm a little confused about you both claiming as single parents currently when you are clearly a couple? If UC get wind of this they could see it as fraud. You do not have to be living together to be classified as a couple, the fact you are in a relationship and have had a child together and presumably act as a couple in all other aspects of your life would deem you a couple. Be very wary going forward.

This is alarmist and wrong. The OP and partner appear to be maintaining separate households, they are not 'living together as if a married couple' nor are they members of the same household. They are not therefore a couple benefit unit.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810640/adme2.pdf

Couples
E2003 Couple means
1. two people who are married to, or civil partners of, each other and are members of the same household or
2. two people who are not married to, or civil partners of, each other but are LTAMC.

Household
E2004 Household is not defined in legislation. It should be given its normal everyday meaning, that is a domestic establishment containing the essentials of home life1. Household may refer to people held together by a particular kind of tie, even if temporarily separated. People living in one dwelling (for example a house, flat or caravan) do not necessarily live together in the same household.

E2005 To be members of the same household means that they
1. live in the same house, flat, apartment, caravan or other dwelling place and neither normally lives in another household and
2. both live there regularly, apart from absences necessary for employment, to visit relatives, etc.

asdf1982

When you do move in together your claim will be exactly the same as if mum, dad and their two biological children live together.

To be clear, your child not being your partner's biological child is irrelevant.

phoenix1837

calcotti wrote: »

This is alarmist and wrong. The OP and partner appear to be maintaining separate households, they are not 'living together as if a married couple' nor are they members of the same household. They are not therefore a couple benefit unit.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810640/adme2.pdf

Couples
E2003 Couple means
1. two people who are married to, or civil partners of, each other and are members of the same household or
2. two people who are not married to, or civil partners of, each other but are LTAMC.

Household
E2004 Household is not defined in legislation. It should be given its normal everyday meaning, that is a domestic establishment containing the essentials of home life1. Household may refer to people held together by a particular kind of tie, even if temporarily separated. People living in one dwelling (for example a house, flat or caravan) do not necessarily live together in the same household.

E2005 To be members of the same household means that they
1. live in the same house, flat, apartment, caravan or other dwelling place and neither normally lives in another household and
2. both live there regularly, apart from absences necessary for employment, to visit relatives, etc.

I honestly didn't mean to be alarmist, I was just going on what happened to a friend of mine. She lived in a separate house to her partner, had 2 kids with him already, split up and then went on to have another with him when they got back together, all the while she was claiming as a single parent. A year or so later they decided to try living together and they then claimed as a couple but somehow the Tax Credits people got wind of the situation and she was 'fined' for the fraudulent claim of being a single parent as although they had been living apart they were seen by everyone as a couple, went out on family trips etc. If I could get more detail I would but we have drifted apart now so don't really speak.

I am sorry and it wasn't my intention to upset anyone. Maybe this is where UC and tax credits differ?

calcotti

phoenix1837 wrote: »

I am sorry and it wasn't my intention to upset anyone. Maybe this is where UC and tax credits differ?

I owe you an apology - I was overstating it when i said your previous post was alarmist (I'm sure no one was upset by your post - we're all just trying to make sense of complex rules!).

You are indeed right to make the point that there is a difference between UC and Tax Credits. What I have quoted is DWP guidance for UC and reviewing OP's posts although I had picked up that his friend is on UC I had overlooked that he said he is not so may be on Tax Credits.

Found some guidance on what is a couple for Tax Credits here https://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/. There is indeed a difference - in particular I note "(a) a man and woman who are married to each other and are neither –i. separated under a court order, nor ii. separated in circumstances in which the separation is likely to be permanent," This would have been relevant to the case you refer to if they were married.

Note also "It is important to understand that the test for married couples and civil partners is different to that of those living together as married couples and civil partners. The former test has its origins in tax law, whilst the later comes from the social security system." and "It is also worth noting that although the living together test has its origins in the social security system, it is slightly different in that there is no requirement in tax credits that the couple need be part of the same household."