Jump to content


Tax Credit Overpayment due to living as couple - help please!


djia977
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4756 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My partner received a letter this morning stating that due to checks being made on Electoral Role and Credit File, that they have cancelled this tax years claim for tax credits and are seeking repayment of a £11k overpayment.

 

This has arisen due to our relationship being somewhat on/off, but we can accept that we did not inform tax credits as and when we should, so are mainly looking for advice as to how the amount can be re-assessed on true information or paid back over time. Also, can the Tax Credits people go back beyond the current tax year, which would be an enormous worry?

 

Whilst I accept that there is an amount of overpayment to resolve, it seems very unfair that the entire payments are being called in, including the disability element which is requred for our 5 year old son.

 

In rough figures the true picture should have been a combined income of 17k (10.5 plus 6.5 - both self-employed) instead of just the 6.5

 

Many thanks for any help you can provide

Link to post
Share on other sites

Is there anyone who can advise on this? I know how easy it is to judge people, and I admit to having done wrong here, but my concern is to leave enough so as my disabled son can still be cared for adequately.

Link to post
Share on other sites

Hi Djia,

 

 

Sorry to say Tax Credits will not allow you to offset any of this amount because in there eyes it was not a error by you partner, they have you registered as living there for the given tax year.

 

 

Regards Ruby .

Link to post
Share on other sites

Are you sure you cannot backdate a fresh valid claim - I'd just like to know on what you are basing your statement?

 

Using the HMRC calculator, we should still have been eligible for a tax credit of £7k for this tax year. Even so, with an income of 17k plus 7k tax credits for next tax year minus all household bills, tax and child care, what are people's experiences of repayment conditions?

Link to post
Share on other sites

Hi

 

From what you have posted you are a undisclosed partner ??,Which they have discovered .

 

If you read some of the threads on here I think you will find you are liable for the full amount ,of course you can appeal but from what i have seen on here it's very difficult to win when they have evidence of you living there.

 

For the record I'am not judging you.

 

Regards Ruby.

Link to post
Share on other sites

If you have checked on the online calculator & it says you should still have got 7k a year tax credits, what did you actually recieve? Surely the over payment would just be the extra wouldn't it? Does that work out as that 11k?

But they shouldn't be discounting the dissability element. Have you rang them?

Link to post
Share on other sites

Hi Jadeybags,

 

Yes, my partner has rung them. They've thrown out the claim as they found us to be living as a couple - I could dispute this but won't (how does remaining on electoral role prove anything?). The false element of the claim added around 4k to the payment (single persons element is around 1k per year, my modest income clawed back at 70% or so accounts for 3k).

 

All I have found out is that claims can be backdated up to 3 months, but only in some circumstances. Assuming they cannot backdate at all, and we put a new claim for the true circumstances, then the issue comes down to repaying the money (elsewhere I've seen they may take 10, 25 or 100% of new claim). Based on current income minus debt repayments and everything else, I doubt that there's 100 per month spare, and zero equity in the house. I was wondering if any others out there had gone through this process? And yes, around 2500 of the claim was for the disability element of childcare.

Link to post
Share on other sites

They can recover the whole lot for each tax year in which a claim was made, or they may restrict it. It's rare that they go through previous awards but it does happen. When a claim has been made in an incorrect capacity (single claim when it should have been joint or vice versa) from the start, the legal position is that the claim will be terminated as of the date it was originally made as it was never a valid claim.

 

When working out the overpayment, they will consider remiting part of the overpayment by working out true entitlement (known as 'notional entitlement') to reflect the true cost to the public purse where possible however in some cases it is not possible. They are not obliged to do this, only to consider it.

This may be helpful - there are also further links within that one which give examples of when that can work out notional entitlement and when they cannot.

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)

 

 

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...