HELP tax credit stating should have been a joint claim NOT single but I am a lone parent :(

[lvdiff]

Hi, Wondering if anyone could help me I am at my witts end.

 

I have been claiming TC & WTC for almost 3 years due to breakdown in my relationship. But in last 18 months things have become complicated.

 

I was with my ex for 13 years before we split. We have remained very good friends and he was involved very much with our 2 children. We did everything amicably it wasn't bitter, I didn't use the children as a tool, CSA never needed to be involved as we came to an agreement with maintenance. We also agreed as the only asset we had jointly when we were a couple was the car now neither could afford to pay other off we didn't want to sell it as would get naff all for it but its a good little car so I remained on the policy, I never really used it and I wouldn't be bitter as he needed a car for work I didn't.

 

18 months ago my youngest was diagnosed with autism and with appointments I had to attend I ended up using the car quite regularly so would chuck him some money towards petrol and paid for the tax on the car just so I felt I was contributing in any way shape or form after all why should I get a free ride petrol and wear tear MOT service tyres etc is not cheep.

 

then 6 months ago another blow my eldest was diagnosed with a lifelong illness meaning more hospital trips etc my dad purchased a vehicle for me but because of both children we decided that if anything should happen to the other car we decided to have each other named on each others policy just to keep everything above board in terms of insurance.

 

Now due to BOTH children having special needs and requiring extra attention my ex there dad has become more involved than what was originally set out he could see I needed help I'm not supermum also my mum confided in him that she thinks I'm depressed. he been spending a lot of time at my house (he lives in a shared house so is not practical for them to go there for a couple of hours)

 

I received a letter from tax credits last week stating that they have noted that I have a partner living with me and I am due to pay back all of what I have received. They have asked for all my bank statements, insurance, council bills, utility bills, rent agreement etc etc... I feel like I am a criminal I cannot send council, utility bills as they are not in my name (I live in my dads house who has a job in the US he pays everything) I don't know where he keeps all this info nor do I have the permission to send to prove. The only way I can actually prove he is not my partner is if I set up CCTV footage 247 which will show him coming and going that he does not help with any choirs does not eat or sleep here, I don't socialise with him, we live completely different lives him visiting is purely for his children nothing more.. but my circumstances sound so dodgy on my car insurance he is th 3rd or 4th named driver, My Bank statements show that he has been paying money into my account (as child maintenance fixed amount each month) there has been times if he is short of money I have transferred money into his account and he has given it straight back to me on pay days (after 13 years I completely trust this man and like I said it was not bitter split we drifted apart)

 

This has completely sent me sinking so low now as if I haven't enough to deal with I've cried non stop the thought of being in crippling debt and if I am convicted of fraud I can forget about my PT job I will be sacked instantly all because I was being a "perfect" ex, I don't know HOW they have noted that I have a partner the only thing I can think of is some of his post is coming here as he has not moved it due to being in a shared house didn't want his mail in the wrong hands and why would it bother me it's not my house and he doesn't live here if they came over or watched they would see this I have nothing to hide.

 

Any help from anyone I would appreciate so much!

[jadeybags]

If it was only the car thing, I think all could be ok, but if he has mail coming to yours, it's not looking good. Hopefully someone can advise you from here. The mail thing is used quite conclusively it seems in these situations. It certainly looks like tax credits are clamping down lately.

[lvdiff]

Thanks for your reply.

 

Tbh with you as there was so much going on with my children the mail wasnt on my list of priorites and I always assumed if ever there was a case of benefit fraud then they would investigate by having a home visit or having someone watch the house. And if I am honest I feel that asking for ALL my bank statements is invading my privacy plus they want ORIGINALS which is going to cost me as I do online banking ... and also I don't trust them at all I received a letter from tax credits before now and in my claim pack was mixed with someone elses personal details NI number address DOB fraudster dream! so how can I be absolutly sure these statements will be returned to me, and not sent back to the wrong person and during this time I also have business account as I would do freelance so to keep everything neat there is a seprate account for this do they need this too and if they do how am I meant to fill in my tax return also I need to retain all satements for 7 years.

[Nystagmite]

Your bank account - is it in your name or joint? Also, with child maintenance agreement - does it just say on the bank statements "" and ?

[jadeybags]

Online banking is good, the most it will cost is the printer ink?

They would investigate by having a home visit? They haven't counted the tooth brushes for a long time now. Since about the time they stopped stating how many nights someone could stop over. husbands work away from home for weeks at a time these days & send money back, literally living together isn't an indication of being a couple. They definitely dont go by your word against theirs. They are ruthless to be honest.

[lvdiff]

Bank statements are in my name. Child maint is always the same amount same time of the month with his name on it.

 

Ink is not a problem as I have a ink tank last years. Due to autism I'm having to do a lot of printing to help with communication. so I'm ok with printing everything it just if the accept it as they have asked for original proof so I don't know if this is original.

 

Everything has been so difficult I was told by the doctor because my child would need so much support I would have to give up work all together I didn't, so I been juggling everything.

 

It seems like the system wins every time... is it not possible to still be an ex yet still be on good terms? I have heard of bitter splits using children as tools getting CSA involved fleecing every penny from ex's I didnt want this I wanted my kids to see there dad as much as possible why should they suffer! seems like system feels that once you part then you should be in a massive battle with your ex :(

[jadeybags]

I know what you mean. I too still get on well with my twos dad, it was an amicable split, we still had a joint account until last year, & we split 10 years ago! It wasn't used very often though. But I think they are clamping down these days. Our situation may have raised questions if they were as tough back then. Apart from the initial interview I had when someone from DWP came to the house after we split, I never heard from them again. And he rented a room off a friend to start with then lived at his mums for a couple more years. I was still paying his life insurance out my bank for a good year after we split too!

My ex is as tight as a ducks backside though, so it did go through CSA, I think it had to back then though if you started claiming IS. but I am sure you can explain the CSA payments away ok. It's the mail going to your address that is the worrying one I think.

[lvdiff]

I wish and hope I do get interviewed and don't see everything as black and white. I've seen on diff forums about ex still living in the same address yet that seems to be ok, everything is just so confusing as to what they define as a couple it's only actually you who know what is the truth how do they prove someone still living under same roof as NOT being a couple he does not live with me, we don't go out together, we hardly sit in the same room when he comes over as I feel that should be his quoality time. I go on holidays with my mum not him the only thing we do joint is the insurance as for the letters it all swung in roundabouts, bank would not change without ID, didnt have ID to prove his new address and each and every time bank called I would always state does not live here here is his new address and phone number stop ringing here it was responded with a "due to data protection" when he got ID we were hit with another blow so everything was forgotten about because I just didnt care least of my worries and now I been hit with this letter I just feel like I'm already trying to come to terms with both my children having disabilites now I'm facing prospect that if they decide that they think we are a couple and I'm done for fraud then I loose my job and same goes for my self employment as that relys on CBA check and to pass that NO fraud or anything to do with the law. I feel like it's all a complete mess!!!

[vivix]

HI

 

Hi, I'm in the same position- only that am separated from husband, he lives abroad and house is in his name, so all his mail comes here, which his brother picks up once a month.

 

we also have a joint account and it does not look good- cos he has helped out when possicle and transferred money to my account when he wanted to pay for things.

 

i have been asked to supply all bank statements, utility bills,counciltax documents etc - i haven't slept in 4 days- was claiming child tax credits- am going to CAB on monday. Kindly le us know how ur getting on and i will as well.

[jadeybags]

Good luck Vivix. If you can prove ex lives abroad yours may be easier.

Lone parent beneits are for people living alone, in all ways. Unfortunately you cant get away with claiming lone parent benefits yet still have joint bank accounts & lend each other money & share cars & let them stop over now n then. That really isn't classed as single these days, & it looks like they are clamping down on that big time now. It gets the benfit bill down for the country, which is fair enough.

Like I say though, if your ex is living abroad, if you can prove that, & that you dont have shared finances, you should be ok in the end.

[vivix]

Good luck Vivix. If you can prove ex lives abroad yours may be easier.

Lone parent beneits are for people living alone, in all ways. Unfortunately you cant get away with claiming lone parent benefits yet still have joint bank accounts & lend each other money & share cars & let them stop over now n then. That really isn't classed as single these days, & it looks like they are clamping down on that big time now. It gets the benfit bill down for the country, which is fair enough.

Like I say though, if your ex is living abroad, if you can prove that, & that you dont have shared finances, you should be ok in the end.

 

ThAnks for ur quick reply. How is ur case going?

[jadeybags]

ThAnks for ur quick reply. How is ur case going?

 

Mine ended up with no further action, had a letter 2 weeks after the IUC. I had already paid the overpayment back by then, I think anyway, I forget all the details now, it was all a bit of a nightmare time.

[vivix]

Hi Jadeybags, how on earth do I prove he's living abroad? I know he informed the tax office a while ago that he was. I wonder if I should tell them to look thru their records?

[jadeybags]

Hi Jadeybags, how on earth do I prove he's living abroad? I know he informed the tax office a while ago that he was. I wonder if I should tell them to look thru their records?

 

Easier said than done ey. You could try that, you may get someone helpful on the end of the phone. Was he working abroad?

[vivix]

Yes, he's self employed abroad and has no intention of returning. Am just so worried I'll end up in jail!

[jadeybags]

Yes, he's self employed abroad and has no intention of returning. Am just so worried I'll end up in jail!

 

Would he not be registered somewhere there as self employed? Nooo 99.9% sure you wont go to jail, so stop worrying about that happening.

[vivix]

Thanks Jadeybags, for the reassurance. I only wish i could follow the thread of someone who went thru a similar thing - to completion. Any ideas?

thanks again

[jadeybags]

Thanks Jadeybags, for the reassurance. I only wish i could follow the thread of someone who went thru a similar thing - to completion. Any ideas?

thanks again

 

Unfortunately it's very rare for people to come back & let everyone know what happened. It's very much look after number one this country isn't it. Once we have what we want you dont see our but for dust. Although to be fair some people possibly just wanted to forget all about it once it was sorted & wouldn't want to come back on here because of that.

It is a shame though, because it doesn't help other people if they dont.

[rozzadozza]

after a IUC with Jobcentre....The investigation was closed and I recieved a letter from them. two days later I have recieved a letter dated the date of letter of dwp from hm revenue comploance asking me for all the same as what your being asked for, otherwise my money will be stopped/. Bank statements, phone bill . tenancy aggreement. and gas and electricity bill. I had legal advise and was told to send the evidence they require and explain anything that is in joint names and the reasons why. I was with my ex 12 years and split up 4 years ago, yet im being accused of him living here, he pays his own bills, rent etc...the only joint things are tenenacy which was taken out 6 years ago, which i can n ot take off and he refuses, and a bank accoutn which he does not use. Im guessing that his Self Assessment he has put my address on...but that's not my doing as he has been told to change his address and i return to sender. Not sure what will happen but i will keep you posted.

[vivix]

after a IUC with Jobcentre....The investigation was closed and I recieved a letter from them. two days later I have recieved a letter dated the date of letter of dwp from hm revenue comploance asking me for all the same as what your being asked for, otherwise my money will be stopped/. Bank statements, phone bill . tenancy aggreement. and gas and electricity bill. I had legal advise and was told to send the evidence they require and explain anything that is in joint names and the reasons why. I was with my ex 12 years and split up 4 years ago, yet im being accused of him living here, he pays his own bills, rent etc...the only joint things are tenenacy which was taken out 6 years ago, which i can n ot take off and he refuses, and a bank accoutn which he does not use. Im guessing that his Self Assessment he has put my address on...but that's not my doing as he has been told to change his address and i return to sender. Not sure what will happen but i will keep you posted.

 

Thanks for the reply and yes, pls kp me posted. Am getting all my documents ready as well. How was the IUC? Am so nervous

[vivix]

Unfortunately it's very rare for people to come back & let everyone know what happened. It's very much look after number one this country isn't it. Once we have what we want you dont see our but for dust. Although to be fair some people possibly just wanted to forget all about it once it was sorted & wouldn't want to come back on here because of that.

It is a shame though, because it doesn't help other people if they dont.

 

 

Thanks ever so much for the info. I wondered what the IUC is like? I have visions of a dark room with just one spotlight:(

[jadeybags]

Will vary in different places, can only tell you what it was like when I went.

Small room with no windows. Not all that dark. Table, 3 chairs. Lady sat opposite me, me & my dad the other side of the table. Big tape recorder next to us.

The lady I had was fine, didn't look down on me at all. When we walked in there she asked who my dad was, & said I didn't like to assume as you never know these days do you! lol My dad said it's a bit like asking when the babies due isn't it. She said she never asks anyone that anymore haha

She had a few jokes with my dad in the end when the tape stopped, ended up talking about Spurs because she noticed my dads Spurs ring. They were on about the game on the tv the night before, I was thinking huh??! lol

If you take someone with you, they'll more than likely bring them into the convo. She asked my dad what he thought about it all. He just said he could see my side of it.

You could have more than one person interviewing you by the way. No way of telling until you get there.

If you take a solicitor all the better because they can go in there first & get the full sp about what they are going to throw at you.

[libather]

Hi,

 

I've had problems with the tax credits. I suffer from severe depression and my 8 yr old son is autistic. His autism is so complex he has to travel 72 miles round trip to school each day. I live in a joint tenancy with my ex but seperated. I recieve no help and support from social services or family. The council know there father lives in the same flat and have been through my bank statements every year but are happy with the situation as we don't socialise, eat or do laundary for each other. We live in seperate rooms. I got a letter from the tax credits to say i have to make a joint claim but my ex refuses to financially support me. I have had the benefits compliancy officers from the council supporting me but tax credits say they don't care.

 

We do have a joint bank account but i can't take his name off of it otherwise i have to pay off the overdraft myself which is not my debt. House bills come out of the account and they are saying that it means that we live as a couple and that he either moves out or we must make a joint claim. Community mental health workers who visit fortnightly to visit me and have done so for 7 years feel they are not listening. CAB have advised me to see them to go through our situation. My ex cannot afford to financially support me and feels that it is wrong to force him to move out. I was 100% honest with the woman at HMRC and she was very kind and understanding but she says he can't live here but the council disagrees!!!

[jadeybags]

Hi,

 

I've had problems with the tax credits. I suffer from severe depression and my 8 yr old son is autistic. His autism is so complex he has to travel 72 miles round trip to school each day. I live in a joint tenancy with my ex but seperated. I recieve no help and support from social services or family. The council know there father lives in the same flat and have been through my bank statements every year but are happy with the situation as we don't socialise, eat or do laundary for each other. We live in seperate rooms. I got a letter from the tax credits to say i have to make a joint claim but my ex refuses to financially support me. I have had the benefits compliancy officers from the council supporting me but tax credits say they don't care.

 

We do have a joint bank account but i can't take his name off of it otherwise i have to pay off the overdraft myself which is not my debt. House bills come out of the account and they are saying that it means that we live as a couple and that he either moves out or we must make a joint claim. Community mental health workers who visit fortnightly to visit me and have done so for 7 years feel they are not listening. CAB have advised me to see them to go through our situation. My ex cannot afford to financially support me and feels that it is wrong to force him to move out. I was 100% honest with the woman at HMRC and she was very kind and understanding but she says he can't live here but the council disagrees!!!

 

I would always have gone for the council being the ones that wouldn't accept that, you must have a good council.

Cant be much help really, I assume you have proved to tax credits that the council are fine with the set up?

[libather]

well, i asked the tax credit compliancey officer and they said that they don't work like the council and it would make no difference what the council think! My benefits were arranged and applied for by a benefits compliancy officer from the council!! They don't even want to hear from anyone who is formally involved with our family!! CAB have told me to go back to appeal. I can't force the joint tenant to move out and he can't financially support me!!