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proving separation and working tax credit

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baggysenior | 20:48 Wed 16th Jan 2008 | Civil
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i've recently separated from my husband 5 months after having our first baby. He said i've changed and he doesnt want to feel tied down (nice), he's just signed a 6month lease on a house for myself and my daughter. He says he will continue to pay our monthly rent as a means of support but i have to find any other funds. Obviously now my benefits change, as i can, by rights claim as a single person, my question is how do i prove that i'm separated and he is living elsewhere? we can't afford a divorce yet.My mum( who is on a very poor income) is going to move in with me to help with some of the bills so i cant claim single persons council tax etc. iIm worried that if i replace his name with mine on the lease he will feel he doesnt have to pay because he's not entered into a contract. I'm so confused. Also(if anyone knows) am i right in assuming you have to work over 30 hours to qualify for the higher rate of working tax credit? I'm struggling to sort my hours out at work whereby i'd be the best off, as it will just be me and my baby in the future. its all such a mess!thanks in advance.
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Baggy, I don't know the answer to your questions but maybe post this is the main Law site a no-one's answered you yet and it's obviously a very important issue for you.
Good luck.
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thankyou meglet, thats very kind of you.I will post it on there now.
So far as Tax Credits are concerned, you need to ring the helpline (0845 300 3900) and tell them you & your husband have separated. They will then cancel any joint tax credit claim and start a new one for you alone. You do not need to do anything to prove the separation - just answer their questions. They will want to know the date of separation.

It is correct that people who work 30 hours p wk or more get a higher rate of Working Tax Credit.

If your husband has signed a tenancy agreement (lease) then he is the tenant and has the legal responsibility to pay the rent. The effect is that if he fails to pay the rent, only he can be chased - not you. Leave it like that, provided the agreement makes it clear you & your child can live in the property. However, if he doesn't pay the rent you could be evicted unless you can pay it yourself or get Housing Benefit (which may be difficult as you would not be legally liable to pay).
Hi, with a little baby that young, I would be inclined to cancel your working tax credit and claim income support, you can still work 16 hours a week (as a single parent I believe) and although you will not financially gain much from working, you will get help with council tax, and you will be helped with your rent/housing costs to keep a roof over your heads, so whether your ex pays or not, wont matter to you too much.

If your mum is on a low income, I dont think this will affect either the help you will get with both council tax and housing costs.

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