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Single claim with SDP becoming couple question
Client in ESA SG with SDP has a child, claims CTC. If a partner joins the household, would the CoC mean that a tax credits claim was no longer viable as SDP would be lost?
I think this is generally correct.
It is possible to be a couple for tax credit purposes, but not lose SDP. For example, if they are:
1. married/in a civil partnership,
2. not yet living together, but
3. intending to live together,
your client would still be entitled to SDP, and could make a joint claim for CTC.
Oh! Would she be a couple for ESA too whilst not actually living with him?
They would not be a couple for ESA.
Revenuebenefits suggests this could even be possible even if they’re not married/in a civil partnership.
[ Edited: 20 May 2019 at 03:10 pm by Charles ]It is also worth noting that although the living together test has its origins in the social security system, it is slightly different in that there is no requirement in tax credits that the couple need be part of the same household.
Thanks, I was just poring through that! In reality then, as they are not married, if he actually moves in her SDP would be lost and the fact of having to make a joint claim would mean that they wouldn’t be able to make the joint claim for tax credits? If he is already on UC, they would have a joint UC claim.
Yes, that’s right.
Just realised actually that it wouldn’t work even if they were married before he moved in. They still couldn’t make a joint claim for tax credits, as he has to claim UC.
Many thanks, Charles