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blondebubbles last won the day on November 4 2015

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  1. I know it will be really uncomfortable having to go into detail about your situation with a stranger but try to be as honest ask you can about the initial separation so they understand that the single claim was required for a time.
  2. If we could offer the reassurance that nothing further would happen then we would. You're about be 5th person in the last week to come here with a similar story and we've had to say the same to them. HMRC are more focused on getting the money back than prosecution, especially if it's only been a few months. Penalties are charged if it is deliberate or negligent. The fact you called and asked for help proves neither are the case. If a penalty was to be charged you could easily use this call as grounds for appeal. As for prosecution, it does happen but rarely. Most of the ones I've seen in the past have been government staff who would definitely know better.
  3. They would either reduce it, cancel it or leave it as it is. The fact that the OP knew to call the month before to change to a single claim probably won't go in her favour unless her condition deteriorated after the partner moved in.
  4. If the letter is from concentrix you need to call them. They will tell you if documentation is stil needed (sometimes if you agree that it should be a joint claim then they don't need it, sometimes they do). An overpayment is likely all it would be but ultimately it is up to them.
  5. Another link to read - http://www.hmrc.gov.uk/manuals/ccmmanual/CCM15035.htm http://www.hmrc.gov.uk/manuals/ccmmanual/CCM15000.htm
  6. Tax credits define a married couple as follows: A couple means a man and a woman who are married to each other and are not: - separated under a court order, or - separated in circumstances in which the separation is likely to be permanent http://www.hmrc.gov.uk/manuals/tctmanual/TCTM09320.htm At the point the separation was no longer permanent would technically be when a joint claim should have been made. It is unmarried couples that they would consider differently in whether they keep separate homes etc. Best thing to do would be to now close the single claim to claim jointly and explain the situation and tell them you sought advice at the time. They would need to then consider based on the evidence if you should have ended the claim earlier.
  7. The OP has admitted they are not single. Other than lying about this there is not grounds for appeal. She isn't single and claimed to be even if this was in error. The appeal form is very clear on this. "You can’t ask us to reconsider a decision asking you to pay back an overpayment. But, you can ask us to look at our decision again if you think the amount of tax credits you were awarded in the first place was wrong. Although you can’t ask us to reconsider a decision asking you to pay back an overpayment, you can dispute an overpayment if you think that we gave you wrong advice." There could be grounds for dispute due to illness as outlined in the COP26. If a penalty is charged this can be appealed.
  8. Yes which these amendments refer to: http://www.legislation.gov.uk/ukdsi/2014/9780111109571 Your advice doesn't apply in this case. There isnt anything to review or appeal as the claim is incorrect and the decision to end the single claim is correct. An appeal or review would apply where you disagree with their decision. What I think you really want to suggest is an overpayment dispute. This is where the overpayment is correct (and it is because the OP is not single) but the OP does not believe they should repay it. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/463492/COP26.pdf
  9. Apologies I was referring to S21 rather than S21B http://www.legislation.gov.uk/ukpga/2002/21/section/21 Regardless, that is under appeals which is not applicable in this case. The claim is single, the OP isn't single therefore there is nothing to appeal unless the OP doesn't believe she should be treated as living with a partner. Even if it was to apply that wouldn't be necessary as the decision won't be made until she contacts them.
  10. Concentrix are not debt collectors, they are a company used by HMRC to complete their compliance checks. The normal tax credit helpline will not be able to help at this point if it is with concentrix. You need to call concentrix and confirm when your partner moved in. As mentioned you will be overpaid from the date you moved in until the date you report the change. I doubt you could say you didn't notice. If the overpayment is £8000 for 7 and a half months that suggests payments from them of over £1000 per month. You will not be able to apply as a couple until you end the single claim as you can't have 2 claims running at the same time. If you and your partner have any future entitlement the overpayment will be taken back from that. Without knowing your income it's difficult to say if you could claim as a couple. If no longer entitled you will need to make direct payments or they could change your tax code to recover it via your income. This won't apply to your partner as the overpayment is not his. Asking for a review doesn't make much sense in your case. You are claiming as a single person when you are no longer single therefore the claim is incorrect. A review would be applicable where you disagree with HMRCs decision eg they say you live with a partner and you don't. Section 21 also refers to HMRC making an official error which there is no evidence of here. Bankruptcy seems like a very extreme option at this stage.
  11. Call them first and admit your error. They'll tell you if they'll still need more.
  12. No one can confirm what will happen. Each case is looked at in its own merit.
  13. If he claimed as a single person when you were together he will need to report that too. To be honest you will be making their life a lot easier if you admit it so you're unlikely to get much hassle from them.
  14. As mentioned, there is no way to know for sure what action HMRC will take but it is highly unlikely they will prosecute for 6-7months worth of money. It is more important to HMRC to get the money back. Call them, confirm the actual date he moved in May and let them calculate what you owe. You'll then need to discuss a repayment plan and ask for an eligibility calculator for a claim as a couple. No reporting it or replying to them now will only make matters worse. Don't bother reading Facebook or googling, you are only going to read the worst case scenario. They wouldn't post stories simply about overpayments.
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