Benefits Suspended

[anninpickle]

I recently received a review letter from CTC asking if someone was living with me. I phoned straight away and admitted that my ex partner had been living here. Although we have not been living together as a couple. Of course that doesn't matter and I should have told them. Back in November we found out something awful had happened to my daughter when she was younger, she is now 11 and there is an ongoing court case in relation. So after much discussion my ex moved in, end of January for support for my daughters emotional well being and my own. Also this was a better arrangement as he would see the children more and not have to keep 'sofa surfing'. We have another child of 20 months, which doesn't look good, but we stupidly thought about being together again, until I realized I could never get over him cheating on me years ago. I tried to phone CTC all last week to get a new claim form to start claiming as a couple as that is what we should have done they said. Although to be honest I don't know if I want him to continue living here, we get on ok and it benefits the children, but I haven't had to rely on him financially since we split up about 6 years ago and I have not always been on income support in this time. Infact I have been on it for about a year.

Then I received a letter from HB so I phoned them and told them that he had been here since January, I tried to explain the situation, but I don't think they care, I was in tears on the phone..I was advised to phone Income support, so I did and of course my benefits have been suspended until I receive a letter from them and send back all this information. If I decide to continue to let him stay here then I will lose the benefit anyway. So I am expecting them to say I have to pay back the benefit since January. I am very worried that they will have me done for benefit fraud and maybe look into everything more. I have no way to prove he has lived here since January. I let him use my address for mail purposes since he started his job which was about 3 years ago. It's been hard enough to just try and get through each day and make things as normal as possible, which I know is no excuse.

I have already received a letter from CTC saying I have been overpaid by about £1000 since April, thing is if I had told them then, as a joint claim we would have been receiving almost the same in CTC anyway, infact I think it might be slightly more, but of course I think I can only request it be backdated by a month. I know it is my own fault. And I am worried that CTC will send me more letters for overpayments on previous awards, they didn't even ask how long he has lived here. As a joint claim on the phone I was told we would be entitled to £5 a week WTC. I will obviously lose some HB too and from my working out I will have to pay about £80 a week towards rent and CT. I have been receiving £50 a week from him for a long time for the children, which the children will now lose out on as I will not have enough money to cover everything from CTC and will have to ask for more money from him to live on. I feel the best option is to make him move out, I feel physically ill over all this. I don't really know why I am writing this an a forum, just looking for some advice I guess.

When I have spoken to my ex about all of this he has offered to move out and help to pay back any overpayments I have to pay.

[anninpickle]

I wish someone could put my mind at rest, I am so worried about the fact that I now have no money coming in and I am worried that it will take ages to resolve. Does anyone think they will take it further? I don't know why I am worried as all utilities are in my name and bank account. We don't have any joint accounts.Although since last November I have been transferring most of my money into a bank account in his name, this was just for safety and to allow me to buy things from the internet. As I don't drive, he helps me out by taking me shopping once a week, it made sense and this is the account he pays the £200 a month into. I hated having to carry cash on me for shopping. I guess I am worried because as it has been pointed out everyone seems to be guilty until proved innocent and even when innocent they still don't believe you.

[anninpickle]

I couldn't have a debit card with my bank account, just to make my last bit clearer.

[Slatted]

I couldn't have a debit card with my bank account, just to make my last bit clearer.

 

As an aside...is that a Basic Bank Account? I have a Basic Account due to bankruptcy and they allow me a debit card wth Co-op......

[anninpickle]

Yes it is a basic account, maybe I need to change banks...thanks

[MIKEY DABODEE]

It looks like you have an oveprayment of HB and CTC at the moment.

 

with regards to your I.S they have suspended your benefit, they will send you out a form a LTF1 form, complete this and return it, you will get a visit, then they will look at everything.

 

They will make a decision to whether or not they think you are living together, if so they will close your I.S from the date they thnk you started living together, so you may have an OP here as well

You can appeal ths decision.

 

But they may find you not LTHAW so you will be ok, if this is the decision then no OP

 

You say your ex is working full time, he gives you fifty pounds a week, and you pay all the bills,

This needs looking at for sure.

 

You will have to decide if you are going to have another go at being a couple and claim WTC, or he will have to leave your household completely if found LTHAW

before I.S can go back into payment.

Edited June 24, 2012 by MIKEY DABODEE

[anninpickle]

I have always paid all the bills, they are my bills. He does not use the home phone. I suppose it may cost me a bit more in water. I do not need him to pay for things. He buys his own meals, mostly eating at work before he leaves. He doesn't really like what we eat anyway. He does buy a takeaway or two a week and offers for us to have something too. I would not use less electricity. He spoils the kids, but he never changes a nappy, he never gets my little one dressed, never bathes her, never cooks them a meal, never puts them to bed. But I could never prove any of that of course.

 

I wish I had never agreed for him to stay. He has always given me the £50 a week, before he moved in. As far as I am concerned nothing has really changed, he was here most days after work to spend time with the kids anyway. And sometimes he would stay on a Friday night and he would sleep downstairs with my DD so they could stay up and watch telly together, they still do that.

[MIKEY DABODEE]

Have you had the LTF1 and returned it if so next step someone will look at it and arrange a visit.

There will be another form a LTF2 to complete with the visiting officer and then a decision will be made.

 

Dont worry if he has been giving you money for the children this doesnt effect your I.S.

But he is working full time and this will effect your housing benefit straight away, and child tax credits if they think you are a couple.

I.S there will be a decsion.

Sometimes you cant do right for doing wrong, you were trying to help him and the children in a way so they can see their dad, but you are claiming as a lone parent, whose condition of entitlement means they are seperated from their partner, thats why its all being looked at, because he is in your household I know living seperately but they have to look at this.....

 

When you have the visit explain everything as you have here, I cant say how it will go but if you are unhappy you can appeal.

 

If he has offered to pay any over payment then let him, he has lived there quite cheaply.

 

If you decided to claim as a couple claim working tax credit,

Hope it goes well for you, but as I said earlier to claim again as a lone parent he will have to leave, if thats what you want to do.

[anninpickle]

Thanks for your replies. I am still waiting for any kind of letter to come from IS.And for my new claim form to come from CTC. I think the only option is for him to move out, otherwise he has to financially support me and that is not fair when we are not together.After all calculations of food, utilities, travel to work expenses he would be left with about £80 a week, who would want to work 50hours to get £80 a week? plus he'd have to help pay back the overpayments and I would not even beable to buy clothes for the kids. But if he moves out what will happen about my suspended IS? I will have no money at all and he will not be able to help me out as most of his money will be on a deposit and rent. The only other thing is if he moves out then there is no proof that he has not been here LTAHAW and they will just decide that is what we were doing. Mind you from the things I have read they will still probably come to that conclusion anyway, because we watch tv together.

[MIKEY DABODEE]

You should hear soon from I.S.... You could claim WTC as a couple if you decide to get together, or I think he will have to move out if not, so that you can be classed as seperated for I.S.

You are claiming as a lone parent.

Can he stay will relatives for now....

[anninpickle]

Unfortunately there is no one he can stay with. He used to stay with his parents, but his mum is disabled so they need their separate space and she gets easily stressed, anxious. She would constantly phone him over trivial things when he stayed there, she still phones often now, but not as bad as when he stayed there. It wouldn't be fair to them.

The worst thing is I let him use my address for mail purposes, stupid now when I think of it, but this was when he first started his job over 3 years ago. Although he is still registered at the doctors near his mum and uses her address for this, plus I have never put him on the electoral roll, because he didn't live here.

 

Looks like I have to claim CTC and WTC as a couple once I get the claim form, so that when I get the new award I can ask them to offset against the overpayment. The amount is virtually the same if not a little more, then if he moves out I will have to stop this new claim and start a new one for just me again. I feel slightly better in that I know what to do about that. Just wish the forms would turn up so I can start to sort this mess out.

 

We will definitely not be staying together, it's just a matter of finding somewhere affordable. This month he has MOT to do on the car, which of course he needs to use car for work. So it may not be until beginning of next month.

[Tiger Lily]

Check with your local office, they may just have closed your claim if the council informed them you have a partner, if that form doesnt come by the weekend a quick phone call will tell you whats happening.

Hope it works out for you

[jacob18]

Good luck with this , i would go to citizens advice or a solicitor who can help.