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I went bankrupt in Januray of this year, i listed working tax as one of my debts as at the time it was believed i owed around £450 to them.

 

Is this debt included in bankruptcy??

 

I ask as working tax have wrote to me about the overpayment. I am unsure of which direction to take.

 

I look forward to hearing from you.

 

Thanks

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As far as i know-bit complex--- Tax Credits and Bankruptcy

The issue here is what happens when there are tax credit overpayments and the claimant becomes bankrupt. Is the liability to repay a tax credit overpayment extinguished by bankruptcy? The position can be complex and it would be a good idea to take advice. In outline, the position is as follows.

 

  • For a joint claim, where only one of the claimants becomes bankrupt, the overpayment is likely to be recovered in full from the other joint claimant
  • For a joint claim where both parties become bankrupt, or for a single claim where the individual becomes bankrupt, then the key issue is whether a formal notice to recover the overpayment is made before or after the date of bankruptcy.
  • If the formal notice of recovery is made before bankruptcy, then the overpayment is a bankruptcy debt. If there is an ongoing award, the overpayment will be recovered from the award, but only until the date of discharge from bankruptcy. The claimant will need to tell the Tax Credit Office when this happens. Any amounts deducted from an ongoing award after this date should be returned to the claimant. If there is no ongoing award, then the overpayment will be proved in the bankruptcy. In these cases the claimant is released from the overpayment on discharge from bankruptcy.
  • If the formal notice of recovery is made after the date of bankruptcy, then the overpayment is not a bankruptcy debt and can be recovered either by direct recovery action or from an ongoing award. In this case, recovery of the overpayment continues, even after discharge from bankruptcy.

What this means in practice is that in-year overpayments (viz. those which are recognised before the end of a tax year of claim) will not be treated as bankruptcy debts, as the formal notice to recover the overpayment will not have been issued at the date of bankruptcy. Overpayments from previous tax years can be bankruptcy debts once the formal notice of recovery has been issued (under s29 Tax Credits Act 2002). These debts will be extinguished by bankruptcy, but they can be recovered from ongoing awards until the date of discharge.Bye for now Tawnyowl.

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Ok i do not understand? I have now received the Notice to pay letter for the sum of £732, however this is in myself and my partners name. We are no longer together.

 

How do i play this then??? Are you stating that although some of this over payment was made up until point of bankruptcy in Jan, as i have only now been issued with a notice to pay, that this is not included in my bankruptcy??

 

If that is the case, what is the likelihood of HMRC accepting that i am only responsible for half this debt and for them to pursue my ex partner for the other half?

 

Where can i find further advice?

 

I am very concerned as i went bankrupt to clear my debts and now here on my lap is another which i am having to deal with myself as my partner is no longer around!

 

 

I look forward to some further advice.

 

Many thanks

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Hi

 

I'm not sure how it stands re the BR but my son and his partner split up (this was a few years back) and they came after him for half of it as it was in joint names so I would suggest that your ex partner is liable for half.

 

DG:)


I have no legal training my knowledge comes from my personal life experiences

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Hi the key piece of information in a case like this is when HMRC issued their first ntice to you demanding repayment. When did this happen in your case

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Hello geministar 2007-Did you inform tax credits of your breakup when it happened or shortly afterwards.Tawnyowl.

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Hi the key piece of information in a case like this is when HMRC issued their first ntice to you demanding repayment. When did this happen in your case

 

This is a really important point.

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