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Given that this is not a straightforward area, HMRC may not have made the right decision particularly where they rely on third party evidence such as from credit reference agencies.

This guide has been written to help advisers understand the legal position as well as how to effectively challenge a negative decision.

The first of the two exceptions is fairly straightforward.

It is unlikely that such a reconciliation will occur before the parties have taken steps to deal with the problems that led to the separation in the first place, and have actually begun the process of arranging to live together again.Pre-claim checks, also called examinations, may be carried out under Section 14.You can find out more detail about each of these checks in our mistake and fraud section.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.HMRC staff sometimes confuse the two tests, but the legal requirements are very different (although some factors may be relevant to both as explained below).

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