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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I would need help

Customer Question

I would need help
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, please elaborate more on the issue so I can assist you

Customer: replied 1 year ago.
I got tax credit as a single parent. I got a letter, they informed, an adult live with me.
I need to send proofs.
My ex lives in the same house. I live with my daughter in a room and he lives in a different. It can't afford a flat or house alone, and we don't want to destroy the daughter.
I was confident, I was right, but now I read many things, and I'm not sure.
What could you suggest for me?
Customer: replied 1 year ago.
Sorry Harris, I even didn't say hello, but I feel it is the end of the world
Expert:  Harris replied 1 year ago.

Thank you for confirming.

Unfortunately, the Inland Revenue have the power to investigate these circumstances and their initial view is that if an ex-partner or the father of the children is still living in the same property, then they consider that you are partners.

However, you do have a right to appeal against this decision and you will need to demonstrate that you have in fact separated. You can do this by providing them evidence that you are both living separate lives, albeit under the same roof. For example, you will need to demonstrate:

  • on what basis you split household chores and responsibilities, such as cooking, cleaning and paying bills
  • whether you are both involved in caring for any children who live in the household
  • whether you tend to spend their leisure time together or separately
  • whether you normally take joint holidays
  • whether you plan any future activities or responsibilities jointly or separately
  • whether you intend to get engaged or married
  • whether the relationship has a volatile history ie. you are known to have had several splits and reconciliations.

An established pattern of domestic or financial activity will usually indicate a relationship so if you can prove that you do not do any of the above together, then it is likely that they will agree you are single.

I would suggest you read further about this here, which also details further criteria they look at when determining whether you are single or not: https://www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual/ccm15070

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
It would be hard and painful to prove everything. I have OCD, my thousands symptoms getting worse, my daughter has selective mutism, she just started to speak in her new school after 7 years mutism. I don't want her to be involved.
I don't want to go prison
Expert:  Harris replied 1 year ago.

Thanks for confirming, but unfortunately you would need to attempt to appeal this and contest it if you are not in a relationship. If the amount that they are claiming from you is £2000 or more which they state is due to intentional honesty then they will likely prosecute but this does not necessarily mean that they will pursue a criminal conviction.

Customer: replied 1 year ago.
Better if I go to ask professional advise?
I would be happy to pay back everything, pay penalty, what they want, only avoid prison.
Where should I go and ask professional help?
Expert:  Harris replied 1 year ago.

The citizens advice bureau tend to assist with these issues but if you are told to attend an appointment under caution you will need a criminal solicitor to attend the interview with you.