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Bit of advice needed please! :S


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Hi,

Please bear with me, I'll try to explain this as best I can!

I live on my own with my child. I work 3days p.w (16 hours) and claim housing benefit (privately rented), child and working tax credit. I am due to marry later on this year but nothing about my current living circumstances will change. (my partner is in the army and only returns home for a max of 2 days per 6-8 weeks- lucky me!) I pay my own way as best I can and I don't rely on him for anything.

Will my current benefits stop because I am marrying him/ changing my surname? I don't know what to do next.

Please excuse me if this seems a bit higgledy piggledy!

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It's mostly about being in a committed relationship, not how many nights someone stays over.

When you get married you will be classed as a couple, they could even class you as a couple well before that, as planning a marriage will show you're in a committed relationship.

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Your husbands income will be included, and then benefits worked out.

 

I would take advise as they can look aback and class you as a couple well before the actual marriage, if that happens you risk overpayments and possible benefit fraud depending on the amount.

 

There are people on this forum that are in trouble because of being classed as a couple and not declaring it.

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Don't panic too much, everything is in your name at the moment? You don't have joint bank accounts, bills in future hubbys name, his letters coming to yours? If that's the case it'll be fine. But once you're married your husbands wages will be part of the families money won't it. So your benefits will be worked out based on that. Depending on what you both have coming in, you may still qualify for some housing benefit etc.

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Don't panic too much, everything is in your name at the moment? You don't have joint bank accounts, bills in future hubbys name, his letters coming to yours? If that's the case it'll be fine.

 

Even if they're in a relationship? But surely if you're engaged to be married, then you are in a relationship.

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You need to have a good hard think about what you're actually doing here.

 

You may be committing benefit fraud, whether you realise it or not, and would certainly be committing benefit fraud if you attempted to effectively conceal a husband.

 

The fact that your hubby-to-be is in the army is merely incidental, when it comes to benefit claims. Spouses of armed forces employees - or any employee who works away from home - are not entitled to claim as 'single', just because of the working away factor. Think about this question honestly, where would your hubby live if he wasn't in the army, and had a regular local job? If the answer is 'with you', then as aforementioned, you may be committing fraud.

 

Us normal people understand that being in a relationship - or even being married - doesn't necessarily mean that you rely upon one another for financial support. But, unfortunately, benefit rules and regulations are somewhat old fashioned in that if you have a partner with whom you're living as though you are husband and wife/civil partners (including when one or both partners work away), then that partner should me made known to the relevant authorities.

 

I don't mean to get personal here, but if you're going to make the significant commitment of marriage to this man, perhaps you and hubby need to come to a fairer arrangement with the financial side of things, whereby he contributes more. Because, unfortunately, benefits authorities very rarely swallow stories that one partner is entirely financially independent, and even then, it’s often only accepted in extreme cases as a means of mitigation after an offence has already been committed (i.e. in those awful cases where one spouse is abusive or deprives his/her family of the means to survive).

 

Your tax credits may well continue – at what rate, it’s impossible to say without delving into your finances – but your housing benefit would probably be very heavily reduced. Unless you live in a very affluent area where private rental prices are extremely high, there’d probably be no entitlement to HB for a (full-time?) serviceman and his part-time working wife.

 

In some cases, it can actually make more financial sense for one spouse to not work (since tax credits for the sole working partner could increase), but that’s something to discuss in more detail with a qualified benefits adviser.

 

Don’t forget about the ‘perks’ of being married to a member of the armed forces, including council tax relief for him, and possible relocation to subsidised accommodation, if appropriate.

 

Whatever you do, don’t try to conceal your marriage, definitely not after it occurs.

 

Sorry to put the wind up you, but a quick search of this forum should highlight just how scary and distressing being accused of benefit fraud can be.

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You need to have a good hard think about what you're actually doing here.

 

You may be committing benefit fraud, whether you realise it or not, and would certainly be committing benefit fraud if you attempted to effectively conceal a husband.

 

The fact that your hubby-to-be is in the army is merely incidental, when it comes to benefit claims. Spouses of armed forces employees - or any employee who works away from home - are not entitled to claim as 'single', just because of the working away factor. Think about this question honestly, where would your hubby live if he wasn't in the army, and had a regular local job? If the answer is 'with you', then as aforementioned, you may be committing fraud.

 

Us normal people understand that being in a relationship - or even being married - doesn't necessarily mean that you rely upon one another for financial support. But, unfortunately, benefit rules and regulations are somewhat old fashioned in that if you have a partner with whom you're living as though you are husband and wife/civil partners (including when one or both partners work away), then that partner should me made known to the relevant authorities.

 

I don't mean to get personal here, but if you're going to make the significant commitment of marriage to this man, perhaps you and hubby need to come to a fairer arrangement with the financial side of things, whereby he contributes more. Because, unfortunately, benefits authorities very rarely swallow stories that one partner is entirely financially independent, and even then, it’s often only accepted in extreme cases as a means of mitigation after an offence has already been committed (i.e. in those awful cases where one spouse is abusive or deprives his/her family of the means to survive).

 

Your tax credits may well continue – at what rate, it’s impossible to say without delving into your finances – but your housing benefit would probably be very heavily reduced. Unless you live in a very affluent area where private rental prices are extremely high, there’d probably be no entitlement to HB for a (full-time?) serviceman and his part-time working wife.

 

In some cases, it can actually make more financial sense for one spouse to not work (since tax credits for the sole working partner could increase), but that’s something to discuss in more detail with a qualified benefits adviser.

 

Don’t forget about the ‘perks’ of being married to a member of the armed forces, including council tax relief for him, and possible relocation to subsidised accommodation, if appropriate.

 

Whatever you do, don’t try to conceal your marriage, definitely not after it occurs.

 

Sorry to put the wind up you, but a quick search of this forum should highlight just how scary and distressing being accused of benefit fraud can be.

 

I really appreciate your help. It has only been spoken about getting married. Not set in stone really. No dates have been set but it is making me rethink the marriage thing now. I will call the benefits and ask for advice there before any plans are made properly. thank you all again for your help.

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Even if they're in a relationship? But surely if you're engaged to be married, then you are in a relationship.

 

 

Most people are in a relationship if they are planning on getting married? lol The OP doesn't live with her fiance & they don't share finances though. Yet. There's no fraud been going on.That's how lots of people in relationships live, maybe sharing a bed one or 2 nights a week even. That's not commiting benefit fraud. They can't start stopping peoples benefits because they\re dating.

If he wasn't in the army then it would possibly be different. But they aren't a family unit yet in living arrangements or financial. Of course once they are married that will change.

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OP doesn't live with her fiance & they don't share finances though. Yet. There's no fraud been going on.That's how lots of people in relationships live, maybe sharing a bed one or 2 nights a week even. That's not commiting benefit fraud. They can't start stopping peoples benefits because they\re dating.

 

It's very much a grey area. The very fact that a person does not live with their partner (or even does not share finances) does not necessarily mean that there's been no wrongdoing.

 

The OP and her partner are doing more than 'dating', they are planning to make the biggest commitment that two people can make to each other, and apparently within the next 8 months or so? Unless they're both of very traditional / religious backgrounds of some sort, whereby planning a marriage does not indicate or constitute any kind of pre-existing 'relationship', then they are a bona fide couple, and may have been for some time.

 

The red herring in the OP's case is the fact that her OH works away. Just because he works away does not mean that they would not be lumped into the category of what the authorities term LTAHAWCP (living together as husband and wife/civil partners) for the purposes of benefit claims.

 

The fact that they don't share finances may be a saving grace now, but would not hold any weight once the marriage occurs, unless very extreme circumstances existed that effectively 'drove' one or more partners to benefit fraud.

 

Once married, they've formed a legal union, which the authorities would take a very dim view of either party attempting to 'hide'. That's not to say that everything before the marriage is hunky-dory in benefit land, because it may not be, and OP is running risks, whether she's actually doing wrong or not.

 

OP shouldn't be left under the impression that what she's doing/done/going to do is 'OK', because that's not for us to decide. It's not us who would haul her in for an IUC, or impose a sanction - even a criminal one - upon her.

 

OP...get some advice from a qualified benefits adviser before you contact any benefit authorities, as soon as you can, and ideally well in advance of your nuptials. I wouldn't contact any benefits agencies right at this second - just in case you risk putting your foot in it and creating uncessary trouble, if you see what I mean? :)

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When you partner is based in the UK where does he actually stay? If he stay at the barracks or in forces accomodation then there will not be any problem until you do actually commit to marriage but if he returns to the UK and then stays at your home on a reguakr basis then yes unfortunately you could find yourself potentially at risk of an allegation of LTAHAWCP as posted above.

When you do marry then youwill be entitled to take up married quarters and not wanting to be too personal but surely marriage is about your love and commitment together and shouldn't be based on if you will still be entitledto receive fiabcial assistance from the state, it will be your joint responsibility to support each other as a family unit.

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