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bank details kept by HMRC


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Hi this is on behalf of my OH.

 

My OH had a claim for WTC and CTC with his ex,when they split he told her to stop the claim and claim as a single person which he presumed she had done as he stopped getting the money paid into his account. however 2years later when she renewed her claim he had approx £100 paid into his account from HMRC. He phoned his bank to en-quire why he has received this but was told it was for his ex. He then phoned HMRC to find out why its gone into his bank account and not to her and they told him its because those are the details they had on the claim. She has been getting her benefit paid to her by giro, would have had to start a new claim so how come my OH bank details are still kept on the system.

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They are probably on the new claim because those are the details which are held but she has requested payment by giro. With benefits or tax credit, the claimant can specify any account that they want the monies paid into.

 

I don't know about tax credit, but certainly with DWP benefits, I've come across these cases before where claimants have supplied an account but haven't asked for the account details to be removed following a change of circumstance. If the claimant specifies a bank account that monies should be paid into, and the monies are paid there - that's it, end of road. If the account holder withdraws the funds, the bank or the DWP can write to the account holder asking them to repay the monies, but there is no legal obligation for the account holder to do so. If the account holder chooses not to repay the monies, the claimant will not have the payment replaced. A replacement will only be paid if the funds were paid into a wrong account because of something DWP did that the claimant had no control over - like enter a digit incorrectly in the computer system.

 

Like I say I'm not certain if the same would apply in regard to replacement/an obligation to repay with tax credit because they are administered by a different body.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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The thing is i was under the impression that she would of had to cancel the joint claim and then submit a new claim as a single person so would of had to give new bank details etc, and also there was 2 years between the split and my OH having the money paid in surely it would of happened every year if that were the case?

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Yes. But there are two things here. The first - did she actually cancel the joint claim? And if she did, did she give his account details as a possible method of payment but request giros?

 

In regard to every year, not necesserily - it could be the case that they sent a giro which for whatever reason was returned to them, in which case they would try another method of payment.

 

I'd suggest he writes a letter to tax credit stating that his account has been used for the payment of his ex partner's tax credits and he has not given permission for her to pay her money to his account, it interferes with his own finances and he would like an assurance that his account details be removed from her record. He'll need to provide his ex's details - name, address, date of birth but most importantly her NI number - if he has this. Without this information they won't be able to trace her record. They won't be able to give details of her or her new claim to him but I can see no reason why they would refuse to remove the details from her record.

 

They can however keep his details for up to 6 years I believe from when their joint claim to tax credit ended. It may simply be a case of Tax Credit have paid into an old account on her previous record - but if they've done that, they certainly shouldn't have.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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