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Uk Lawyer's Assistant: What...

Uk

Lawyer's Assistant: What steps have you taken so far?

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Submitted: 3 months ago.Category: UK Law
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Customer reply replied 3 months ago
Sorry I didn’t have chance to ask my question. The lady on your sight popped up and I hadn’t started typing properly!My question is my boyfriend moved in last year and I didn’t tell widowed bereavement allowance due to us not lasting more than a couple of weeks due to alcohol issues(him) then continually splitting up and getting back together. He registered his work details with HMRC and we finally got sorted I rang to update and tell them he’d moved in and totally panicked when she said he’s already on your address. Told them he’d used it for work and then she asked the month and I panicked agin and said November! She asked for a previous address and I flapped and asked if I could call her back with one. I received a letter within a couple of days asking me to explain discrepancy in why he was on and my address and provide proof of his last address. I really don’t know what to do!! Should I just write and admit what’s happened I’m terrified of going to prison!!!
Answered in 2 hours by:
3/27/2018
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 617
Experience: Senior Associate Solicitor and Litigator
Verified
Hi and thanks for the query.Is this in relation to benefits claimed and widowed bereavement allowance and your issue is that your boyfriend is on the address prior to applying for the allowance?
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Customer reply replied 3 months ago
No it’s the other way around. I rang to change my circumstances to say he was living with me and they said he was already on their system as being at my address
Customer reply replied 3 months ago
I was closing my claim
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Ah right, thank you. There’s no cause for concern as it’s understandable and no question of fraud given the circumstances. I would ring and confirm (don’t write) and they will be fine.
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Customer reply replied 3 months ago
No you are misunderstanding me sorry. My boyfriend had put my address down for his work 9 months before I’ve just told them he moved in
Customer reply replied 3 months ago
they will automatically think he’s been here for the last nine months
Customer reply replied 3 months ago
Fraudulently
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Oh I see, ok. You could just say he’s used it for correspondence and wasn’t actually living there with you.
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Customer reply replied 3 months ago
I’m scared in case they don’t believe it
Customer reply replied 3 months ago
He has been here intermittently as we would be ok for a couple of weeks then he would end up back at his mums.
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
You can say he had issues and never Moved in hence why you didn’t let them know 9 months prior
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Customer reply replied 3 months ago
My boyfriend has been staying here on/off for the last nine months. I didn’t ring last year to tell them my circumstances have changed. My boyfriend had used my address for work when he didn’t live here. I could get in big trouble for not telling them he was here.
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
It shouldn’t matter if he’s used the address for correspondence and not living there permanently. I’ll check the guidelines but I’m pretty sure they’d only be interested if it was a permanent move and not on/off
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Customer reply replied 3 months ago
But he’s been here and I could get in trouble for benefit fraud
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
The criteria is that you wouldn’t be entitled to the benefit if “live with another person as if you’re married or in a civil partnership”. I can’t see that applying here as he’s your boyfriend and you’ve been on and off.
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Customer reply replied 3 months ago
How can I prove if questioned that he hasn’t been living here??
Customer reply replied 3 months ago
I’ve got his bank statement from his mums address but I’m worried they are just going to assume he’s been living here
Customer reply replied 3 months ago
Would they automatically watch someone who’s name suddenly popped up against an address and would they not think it was highly suspicious that I completely freaked when asked about his previous address and where he has been living??
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Hi again, it’s for them to prove he has lived with you. I would just ring them and don’t freak out, just say he’s on the address as he was living with his mum but sent his correspondence to your address - say he never lived there and as a couple you were on and off
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Customer reply replied 3 months ago
Will they not question it?
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
I very much doubt it. They need to prove that he moved in with you and also prove that the relationship was serious enough to be classed as a civil partnership or as if you were married - you say it was on and off and he stayed at his mum’s. I would just say that and when you write or speak to them, say you just wanted to clarify the situation
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Customer reply replied 3 months ago
How can they prove he moved in with me?
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
They’d need records such as change of address letters, the usual stuff for moving home. Which is why I do believe there’s not going to be an issue. I’d nip it in the bud now and call them though to outline the above
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Customer reply replied 3 months ago
Really? So they can’t just go off their assumptions??
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
No they need proof. If they want to prosecute anyone, assumptions are not enough - they need concrete evidence. If not and they decided to pursue, the police and CPS would never proceed without proof as they could not obtain a conviction.
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Customer reply replied 3 months ago
What sort of proof would they need. I’m so worried! I couldn’t commit to us living together as if he started drinking he used to disappear for days on end.
Customer reply replied 3 months ago
He stayed with his mum (all other documents at that address) but he did put money in my bank account from his wages. Is this proof??
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Things like Royal Mail redirection to your address, bank statements with your address on. No the money in your account is not proof - the only think the DWP would look for is a shared bank account in that scenario
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Customer reply replied 3 months ago
But he’s registered with HMRC as this being his address
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Hi, as I say, it’s not proof he lives there. There’s not much else I can say so I will opt out for someone else to offer you further advice. Thanks, J
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Solicitor: Thomas Judge, Solicitor Advocate replied 3 months ago
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,874
Experience: Award winning lawyer with over 15 years experience
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My colleague is absolutely right that is not proof. That said if this is getting you so scared then you should just contact them and tell them the story as you have here. The other option is to keep a file of everything you have now and just let sleeping dogs lie. These really are your two choices.

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