Tax credits joint to single claim?

[caz246]

HI, I'm looking for some advice.My partner lost his job a few weeks ago and we have made the decision for him to move back to live with his parents in order to find a job as we can no longer afford to live together. His parents live a 4 hour drive away so he would visit every other weekend (his parents will help with travel costs) as we have a young son. This is not an ideal solution but our only one at the moment (we have looked at several options over the last few weeks) I work 30 hours per week and my son is in childcare so my question is would I be eligible to make a single tax credit claim? We are hoping that he will get a job and then we will consider relocating, I have enquired about a transfer through my work to an office near his parents but this could take several months to happen.I need to know if this is something I can do, we will still be a couple but until he finds a job and we can move to be with him he will be unable to help support us financially. I certainly don't want to make a single claim if this is classed as fraud.Thank you for any advice.

[jadeybags]

It'll only be classed as fraud if it is fraud usually. If you're going to do this, do it properly that's all I will say. Make sure he is registered properly in every dept as living with parents. It really won't work just putting down on paper that he has moved out tbh. Otherwise everyone would be doing it.

If he stops over with you every other weekend & is sending you money for food & bills etc, you are not single & still a couple.

A guy away in the army or driving a long distance lorry is still classed as being a couple for example.

[caz246]

It'll only be classed as fraud if it is fraud usually. If you're going to do this, do it properly that's all I will say. Make sure he is registered properly in every dept as living with parents. It really won't work just putting down on paper that he has moved out tbh. Otherwise everyone would be doing it.

If he stops over with you every other weekend & is sending you money for food & bills etc, you are not single & still a couple.

A guy away in the army or driving a long distance lorry is still classed as being a couple for example.

 

Thanks for your reply.No I understand that, if he was earning then of course he'd be supporting us but he isn't therefore can't provide for us financially, hence us having made this decision. As soon as he gets a job we plan for my son and I to move to be with him again as there is better job prospects than where we are as it took him over a year to find his last job.I agree it is a grey area I always do things by the book so I just want to make sure I am doing so in this situation as it's not something I know enough about.

[jadeybags]

You're right to question it. These days before you know it they are hauling you in for interrogation based on just the Sky bill being in your exes name. So you need to be one step ahead of them with all the proof.

[caz246]

Everything is already in my name bills wise at the moment, I have already spoken to my landlord to have the tenancy changed to just my name and will inform council tax and the electoral roll when he makes the move next week. His car insurance will have to be changed to his parents address and he is going to change address with his bank alo, there is nothing else in his name here. I'm trying to focus on the all things happen for a reason thought and that us making the move will actually tuer out to be the best thing for us if my partner can get a job. I have always worked and never claimed any sort of benefit until my son came along and was actually shocked to discover we'd get tax credits.

[flumps1976]

You may be looked at for a fictious desertion/separation claim

If you are geographically separated but still maintaining a relationship then technically you could still be expected to remain as a couple for any benefit claims.

[caz246]

You may be looked at for a fictious desertion/separation claim

If you are geographically separated but still maintaining a relationship then technically you could still be expected to remain as a couple for any benefit claims.

 

Ok thank you for that I will need to look into that then, this is exactly the type of advice I am looking for. I wouldn't be lying saying we have split up as we haven't, we just wouldn't be living together and as alot of people are in a relationship but don't actually live together I thought that maybe this would be a similar situation. What a mess, can't wait to get back on our feet. Hopefully my partner finds a job very soon it would save all this stress and worry.

[caz246]

Fictitious desertion2.Fictitious desertion is considered to have occurred when a claimant suggests that their partner has left the address. However, evidence later comes to light to demonstrate that they had never separated and had continued to live together as a couple throughout the period concerned.Found this online, we wouldn't actually be living together, he would be a 4 hour drive away so not like we'd be making that up.Collusive separation3.Collusive separation is when the partner has left. However, they may have separated after agreeing to a course of action, for example, to take advantage of the benefits system, the partner moves out for a short period of time with the intention of moving back after the claim to benefit has been processed and payment commenced.I can see how people would do this, but our intention it to relocate as soon as partner finds a job. In no way are be trying to take advanatge of system. Suppose all I can really do is be upfront and honest about everything then that way I know I've did everything as I should.

I have tried to edit this as it is not posting in paragraphs for some reason.