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Claiming Universal credit have i got this right?

I'm so muddled by it all. My ex has decided to leave me we have a house (mortgaged) and 3 children we earn similar amounts. I am still living in the house and ex has moved in with new partner they have their own house and is a super high, earner, but has told everyone that matters that they are still at home all be it living separate lives. the children are split 50 50 atm although they do not do the donkey work drs, dentist school etc. when the children are with my ex they take the children to the new partners house and stay there. they have clothes bikes toys own bedroom the whole lot there they have brought a car together and she pays for his insurance it has her private plate on it.  Whilst not sleeping here they are making a small (very small) contribution to the bills. nowhere near half and yes they do eat my food and use my sundry items. I buy the clothes, school shoes pay for clubs etc. divorce has now started, whilst doing the financials I see they are claiming universal credit A LOT of it I'm not sure what they have told them to get it but can this be right? I cannot claim so i don't know how they can? her income is massive I'm so worried she has lied and I'm going to be dragged into something bad. It appears they are having their cake and eating it. is this possible or is it a bit naughty?? surely if they live together  as a couple (they are engaged now) UC would take both parties details into account. Living with me and they are definitely not living there independently surely my finances would be taken into account. I am not about to start hiding the loo rolls or shampoo or lock my netflix etc. but I'm concerned where this is going. any advice appreciated please.

Comments

  • Brie
    Brie Posts: 14,915 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It's a bit difficult to figure out what is actually going on.

    Are you saying that your ex and new partner occasionally stay in your house?  And your ex is not paying a proper amount of child support?  And while the new partner has a high income is also getting UC? 

    OK so is she has lied to DWP then that will be her that the DWP will penalise not you.   And yes if your ex is living at hers then the ex's income should be taken into account for her UC.  So potentially she is committing benefit fraud.  You are not part of their relationship so shouldn't be included in any calculations.  

    As for the divorce - don't forget that everything financial will need to be divided up.  So get the house valued so you know what your 50% is worth.  Don't forget the mortgage is likely in both of your names - who's paying now, considering that you are both likely to be liable for is?   Then there's both your bank accounts, pensions, investments.  You may need to take other things of value into account too if he's driving a Bugatti and you've got the Ford Fiesta.  
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  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,384 Forumite
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    I don't know how much we're allowed to say/speculate about what can have happened in this kind of situation so I won't, but if you reckon your ex is fraudulently claiming UC, you can report him 
    https://www.gov.uk/report-benefit-fraud

    I've never done that process but it might be wise to gather evidence of the real situation in case there's any way of showing DWP, e.g. screenshots of texts, of social media posts, evidence of you dealing with school/dentists/buying the children's supplies, etc. - other members, any input there?

    However UC entitlement depends on individual circumstances so the fact you're not eligible does not automatically mean they are not; there is also a bit of a loophole whereby paying much/all earnings into a pension lowers income for UC purposes and if on top of that they claim for your 3 children and DWP haven't had any reason to question that, it's potentially possible for the claim to be … well, not entirely truthful from what you've told us, but … based on some truth.  [Obviously if you have primary responsibility for them then being included on someone else's UC claim can't be legitimate.]
  • maman
    maman Posts: 29,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As @Brie said it's difficult to work out who you mean by 'they' in the situation you describe but the fact that your ex and his new partner are telling everyone that 'they' still live in your marital home when they don't would seem to ring alarm bells. 
  • HillStreetBlues
    HillStreetBlues Posts: 6,192 Forumite
    1,000 Posts Third Anniversary Homepage Hero Photogenic
    I'm also struggling to understand with bit's like "super high earner"  the block text doesn't help either.
    Let's Be Careful Out There
  • Blancmang25
    Blancmang25 Posts: 52 Forumite
    10 Posts Name Dropper
    edited 20 August at 6:09PM
    I don't know how much we're allowed to say/speculate about what can have happened in this kind of situation so I won't, but if you reckon your ex is fraudulently claiming UC, you can report him 
    https://www.gov.uk/report-benefit-fraud

    I've never done that process but it might be wise to gather evidence of the real situation in case there's any way of showing DWP, e.g. screenshots of texts, of social media posts, evidence of you dealing with school/dentists/buying the children's supplies, etc. - other members, any input there?

    However UC entitlement depends on individual circumstances so the fact you're not eligible does not automatically mean they are not; there is also a bit of a loophole whereby paying much/all earnings into a pension lowers income for UC purposes and if on top of that they claim for your 3 children and DWP haven't had any reason to question that, it's potentially possible for the claim to be … well, not entirely truthful from what you've told us, but … based on some truth.  [Obviously if you have primary responsibility for them then being included on someone else's UC claim can't be legitimate.]
    If you believe some one has committed benefit fraud you can report them on the link above.

    You need to give them as much information concerning the person/s you think are committing the fraud and that you think they may be living together . So name/s, date of birth, address of where they are living. If you have the car registration details you can provide this as well.
    You do not need to provide any details regarding yourself, just confirm the children live with you and you are unsure if they are claiming for the children living with them.
    You can leave your details if you want to or it can be anonymous. If you do leave your details that would be great as they can speak to you if need be.
    That's it no screen shots required.

  • Muttleythefrog
    Muttleythefrog Posts: 20,462 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 August at 9:34PM
    I'm so muddled by it all. My ex has decided to leave me we have a house (mortgaged) and 3 children we earn similar amounts. I am still living in the house and ex has moved in with new partner they have their own house and is a super high, earner, but has told everyone that matters that they are still at home all be it living separate lives. the children are split 50 50 atm although they do not do the donkey work drs, dentist school etc. when the children are with my ex they take the children to the new partners house and stay there. they have clothes bikes toys own bedroom the whole lot there they have brought a car together and she pays for his insurance it has her private plate on it.  Whilst not sleeping here they are making a small (very small) contribution to the bills. nowhere near half and yes they do eat my food and use my sundry items. I buy the clothes, school shoes pay for clubs etc. divorce has now started, whilst doing the financials I see they are claiming universal credit A LOT of it I'm not sure what they have told them to get it but can this be right? I cannot claim so i don't know how they can? her income is massive I'm so worried she has lied and I'm going to be dragged into something bad. It appears they are having their cake and eating it. is this possible or is it a bit naughty?? surely if they live together  as a couple (they are engaged now) UC would take both parties details into account. Living with me and they are definitely not living there independently surely my finances would be taken into account. I am not about to start hiding the loo rolls or shampoo or lock my netflix etc. but I'm concerned where this is going. any advice appreciated please.
    Advice is simple... many people wrongly suspect benefit fraud and some correctly do.... report it and let the DWP figure it out as they have more powers to get to the truths here. A common method of benefit fraud is to pretend not to be living with a partner. As above you can do the report anonymously... give as many details as possible that are relevant.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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