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
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