Tax Credits & living at my ex's house - help

[STRESSQUEEN]

Hi all,

 

Hoping someone can advise.

 

I am claiming tax credits for myself and 3 children.

 

Up till April 2015 I was single separated from my husband but still married.

I lived in my own rented house,

 

In April 2015 my landlord gave me a notice to quit and I couldn't get another property as I wasn't earning enough and they didn't take hb.

 

My husband had just bought a house in his own name.

he decided to let me and the kids stay there as he off shore most the time anyway.

 

I called tax credit's to say that my husband would be using this as his postal address and staying here occasionally but in a separate bed.

They advised as I am single it should be fine.

 

All ok till today when I receive a letter to say they have information that another adult is connected to this address and they would like more information.

 

they want proof that we live separately.

Now I pay now bills except the sky and phone/internet and have my own bank account

can provide them with no issues.

 

But what else can I give?

Shall i provide the mortgage statement that's not in my name? what else.

 

Am i gonna get prosecuted as everything i read says its illegal to claim this way but Financially i have no choice.

 

I am on very good terms with my husband and had no reason to file for a divorce and if i am honest would like to work it out one day but that's another story.

 

I am so scared I am gonna go to jail and lose my children. please help what should I do?

will I go to jail?

 

Please dont judge me I just need some advice please.

[renegadeimp]

They sound like they just want to confirm what you're saying as part of regular checks. But they sent out their usual template letter

[STRESSQUEEN]

They sound like they just want to confirm what you're saying as part of regular checks. But they sent out their usual template letter

 

Thanks been sick 2x with worry.... as he pays the bills It sounds like I should have done a joint claim. I am so stressed.

[renegadeimp]

Wait for others to comme t but to me at least, it just looks like they want proof and confirmation

[STRESSQUEEN]

Any advice please?

[furiosa]

Relax, there's no way you'll go to jail! It's not big deal in the great scheme of things. But can I just get it straight - you have three kids with your husband, your husband bought a house for you and him and your three kids to live in, but because he works away a lot of the time and you don't sleep together anymore it's fine for you to claim single parent status?

 

Have I got that right?

[STRESSQUEEN]

He bought the house for the intention of him living here a month on and moth off so that he had a base for the kids. But due to the situation i found myself In i moved in and he stays when he's back home. but not every night and not in the same room.

[furiosa]

Hmmm, fine. I don't see a problem there at all then.

[STRESSQUEEN]

I think the problem I have is he pays the bills and I have nothing except my bank acct and sky bills to show what I pay. Any advise from a professional or someone who has been in the situation please?

[martin2006]

I think your biggest problem will be convincing HMRC that you are not together, assuming you are still married as you do not mention divorce in your post.

 

As it stands at the moment, you could well be deemed to have a partner, the hmrc's definition of which is below:

 

"A partner is a person you are married to, or a person you live with as if you are married to them."

 

Worst case scenario, you could have to repay tax credits since april 2015, or at least the difference between what you received and what you would have received claiming jointly.

 

Send them what information they are asking for and explain the situation, no one can say at this point what the final decision is likely to be

[STRESSQUEEN]

I think your biggest problem will be convincing HMRC that you are not together, assuming you are still married as you do not mention divorce in your post.

 

As it stands at the moment, you could well be deemed to have a partner, the hmrc's definition of which is below:

 

"A partner is a person you are married to, or a person you live with as if you are married to them."

 

Worst case scenario, you could have to repay tax credits since april 2015, or at least the difference between what you received and what you would have received claiming jointly.

 

Send them what information they are asking for and explain the situation, no one can say at this point what the final decision is likely to be

 

So am I better claiming as a couple? Will I get a jail term regarding this? I am worried sick with all this. Feel like a criminal. I tried to do everything right but i just cant afford to move out, and live as a single mum it;s just not an option at the moment.

[martin2006]

Ok first and foremost, YOU WILL NOT GO TO JAIL over this, worst case scenario is you may have an overpayment which will be recouped via any future claim.

Supply the information that has been requested and a covering letter from yourself and a separate one from your estranged husband confirming your current situation.

Above all else, be honest with them.

[jackmic03]

Hi I've received a letter from tax credits today for a £300 tax credit penalty .... this is because I failed to report a change .... will this be the end of it or can they still decide to prosecute ?? It's got me worried sick

 

Thanks in advance

 

It's says on the website if they decide to prosecute they won't charge a penalty so does this me as I have the penalty they won't prosecute

[dx100uk]

best you start a new thread

of your own please

 

 

dx

[martin2006]

You will have to pay the penalty AND any overpayment of tax credits.

 

If they are correct to penalise you it would be in your best interest to co operate with them.

 

See the link below

 

http://revenuebenefits.org.uk/pdf/WTC_7_april_2007.pdf

[smokiejoe]

First and foremost, you WON'T go to jail. Even if it was decided you had claimed incorrectly, that isn't going to happen.

 

Don't claim as a couple unless you are. Tax Credits allows for couples who have separated to share the same address, but they may contest the claim if it appears it may be a way around having a partners income included in the calculation for this benefit.

 

A simple explanation of checks is here https://www.gov.uk/tax-credits-checks, and what you are expected to do. Were you contacted by Concentrix? In any case, always respond by the dates given or the claim can be ended for failure to respond. Tell them all the information you've shared here, although you may not wish to include your hopes for a reconciliation at this point!

 

I suspect they see that your husband is picking up the costs to maintain you and the children, and you don't appear to be paying your way as a single person in the home. It may simply be that your husband finds it easier to do this than pay through a child maintenance order to support his children.

 

See https://www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual/ccm15035, https://www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual/ccm15040 and the information described on these pages to get an understanding of what they will look at.

 

S