21 Jan 2018

A question about : Husband an Expat overseas

I would appreciate any help of guidance on the following:

My husband works overseas and has done so for the past 4 years.

I am now back in the UK with our 3 children and wish to complete the normal tax, benefits admin as required.

It would appear that with my husband outside the UK tax system and me inside it I am treated as a single mother!

Can anyone tell me how to work out my UK household income? A simple question but I fear a complicated answer. Unless I can come up with a figure it is impossible to complete basic forms or applications/ i.e. with a threshold for child benifit being based on household income but with my husband overseas his income is deemed not relevant.

Confused.....

Best answers:

  • Have you split up?
    If not, as I understand it, if you intend to live together in the future, you would usually be treated as a couple, as you have just temporarily separated.
    Your household income would be your income plus his.
  • Thanks for your reply.
    But no we havent split up. He completed a P85 a number of years ago and is considered by HMRC to be permanently overseas. His income is not considered to be relevant by HMRC so that is the problem with regards what is our household income. I am a housewife (retired professional) and will continue being at home and not seeking employment.
    Is the household income just my UK savings and investment income? The HMRC cant have it both ways if my husband is not subject to UK income tax and his income is therefore not relevant.......(by thier definitions)
  • Isn't he supporting you with the income he makes? If so, surely you are not like a single parent? If not, why not if you are married and happily so?
  • OP, if your husband is deemed as living overseas, providing he has a minimum of 8 weeks (i think, it may be 12) out of the country you are deemed single - there was a thread regarding this just before christmas. I'm not sure what the time allowed for him to visit is though. Think carefully before you enter the system though, if you aren't in real need I wouldn't allow this government to have any say/control over how you spend your money, and that day is fast approaching with UC. However, if you need it, you need it and you are within the rules to claim it.
  • When I say benefit admin, it is just basics.
    i.e. child benefit this was not means tested until a few days ago. Now I am trying to determine what my household income is. HMRC state that my husbands income is not subjected to UK tax as he by thier rules is permanently overseas.
    i.e. my eldest son is due to start university in the Autumn, the availability of loans/grants etc to him depends on household income and the same problem exists.
    It is clear from HMRC that as my husband is not resident in the UK any claims are made by me and not him.
    So the picture is not clear at all.....
  • But who is actually paying your bills? Even if your husband is working abroad and not subject to UK income tax, if he remits funds to the UK to pay your expenses (rent/bills/food, whatever) that is deemed income, surely?
    For instance, if a foreign national lives in the UK and goes to a cashpoint to withdraw funds from an account held outside the UK, that is seen as remitting funds to the UK and they are expected to pay tax on that UK income.
    If you are not working, how are you supporting yourself and your children? I'm not clear why you would come to the UK with no financial support and deliberately live apart from your husband?
  • I/We can live off our savings, my investment income and or my husbands income. That is not the issue it is determining a "household income" which is not adequately defined by those seeking a number.
    Our houses are paid for and I am not seeking anything that is not due. If nothing is due then fine, but surely all should recieve what they are entitled to?
  • I believe you are within your rights to claim Child Tax Credits based on only your income as long as your partner is living overseas (https://www.hmrc.gov.uk/leaflets/wtc-fs6.pdf). You can also receive full Child Benefit, as can anyone even if their partner earns over Ј50k. This would normally be reclaimed from your partner's tax return but if they are overseas then that cannot happen. Whether you want to claim quite so many benefits is another matter...
  • Thanks,
    Should everyone not claim what they are legally entitled to?
    I can't imagine any minor benefits would ever be anything other that a fraction of 1% of the income and other taxes I have paid over the last 25 years.
  • The benefit system is for all, why discriminate and determine who you thinks is entitled?
    The HMRC, DWP set the rules we should see what we are entitled to fairly and honestly.
    Perhaps Tesco should charge me more when I get to the till for products? Or should I be banished to Waitrose only?
    Be reasonable, benefits, tax breaks etc. all go unclaimed and underutilised each and every year, that is just not right, the government work for the population so if you do or have paid in why is it wrong to receive back?
  • And some have already paid in more than a fair share.......
  • Believe me I am not complaining or pleading poverty but...
    All our children have been privately educated at significant private expense, there are no tax breaks here.
    Also a full 5 person private medical policy has been paid and tax paid on those premiums.
    So the major public spending has had no benefit to my family to date.
    If getting in on the act means getting pennies back for my thousands in, yes I want in on the act..legally and correctly
  • The benefits "pot" is for those who need it to survive. Many people pay in and never take out. And many never pay in but take out for the whole of their lives. Nobody said it was a fair system! You are in the position to be able to take care of your own family financially. Why do you feel the need to scrounge from a pot which is already so depleted that truly vulnerable people - especially the sick and disabled - are having their allowances cut to bare bones.
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