Can anyone help, please?
I have a client who informd the TCO that she had seperated from her husband on the 03/11/03, their TC award was recalulated accordingly resulting in an o/p.

However she now says that the ex didnt leave the marital home until 31/01/05 after the divorce, as he was financially dependant until the final settlement.

Does this make any difference to the date she became a single claimant , i'm thinking that she should be classed as a sinlge claimant from the date the marrige collapsed, ie 03/11/03 but need some guidance or regs to back this up ...or not as the case may be.
Any offers appreciated!

Have a look here:

http://www.hmrc.gov.uk/manuals/ccmmanual/CCM15035.htm

Basically this is saying they have to be separated - & it is likely to be a permanent separation.

However, I think it should be perfectly possible to argue (if the issue ever arises) that they were separated from the 2003 date. In other words they lived separate lives but in the same house because he had no funds and nowhere else to go. Effectively I suppose he would be a sort of lodger, but on a nil rent basis. She might, however, be asked a lot of questions about co-habitation (separate bedrooms?), separation of finances (any joint accounts?), preparing and eating meals (were they still behaving as a family in this respect?) etc.