Is this fraud? 27 July 2022 at 2:46PM edited 27 July 2022 at 2:50PM in Marriage, relationships & families 8 replies 1.5K views

consumers_revenge

Hi.

So basically we are in the middle of a divorce. I still pay into a joint account which my wife has access to (for bills, kids etc). This is prior to this all going to the courts next month and I've done mediation that she never even responded to. Still lives in same house for now. She doesnt work by choice even though the kids are both in school.

Financial disclosure has been seen for both sides now and apparently shes claiming universal credit and has told them she is single? 

Is this fraud at this point?

Would she be expected to work or at least be looking for it? (Gov site seems to suggest 25 hours at this point)

Scorpio33

Not really. The UC rules say that if you live with someone then both incomes are taken account of. The Gov website says eligibility is:

Eligibility

You may be able to get Universal Credit if you’re on a low income or need help with your living costs. You could be:

• out of work
• working (including self-employed or part time)
• unable to work, for example because of a health condition

To claim you must:

• live in the UK
• be aged 18 or over (there are some exceptions if you’re 16 to 17)
• be under State Pension age
• have £16,000 or less in money, savings and investments

You can use a benefits calculator to check what benefits you could get.

So if she is single or not doesn't come into it - it only impacts if someone is living with her. But it all depends on the complete picture of her finances.

The way I would check it is go to entiltledto.co.uk and add what you think her details are, which should give you a rough idea as to what she would be entitled to.

consumers_revenge

Did see though that it also says UC would take into account my salary which at 45k is probably not low income.

RAS

If she is separated, even if living in the same house as you, UC will be based on her income, not yours.

consumers_revenge

were not divorced yet though as thats still ongoing?

RAS

You do not need to be divorced.

There are loads of people who have to live with their legal but "ex" spouse because they've been advised not to leave the property, or simply don't have the money to do so, and legitimately claim UC.

In the same way that the DWP consider two people who are not married to be co-habiting if they are living together as a couple, they also consider anyone married but not living together as a couple to be single.

consumers_revenge

Thanks for explaining RAS

TripleH

She may well have explained the situation fully when she claimed. Fraud implies an intent to deceive, if she gave information she believes is accurate and answers questions truthfully then she should not have done anything wrong.

TBagpuss

No, not fraud. The trest is whether you are living as a couple, assuming you are in separate bedrooms etc then she can correctly claim as single, just as she could if she was in a house sharing situation. 
If she is claiming based on paying the full mortgage where you are in fact doing so, then that might be fraud (or mistake) but she is perfetly entitled to claim and to state that she is single. 

You can of course check whether she is claiming the corerct amount, by checking Entitledto.IS her UC going nto the joint account to pay her sahre of bills etc? If not, then depenidng on how her income and yours compare, it might be reasaonable to request that she does statrt contributing to those .