tax credit review letter

[lis79]

I can't offer professional advice, but hope I can help you stop worrying a little

 

I recently read about this lady:

http://www.thesun.co.uk/sol/homepage/news/politics/4174923/Benefits-cheat-mum-invented-10-children.html

Think she had told them she was disabled and her children disabled, but was only prosecuted after repeating the fraud for another year, more or less straight afterward being told to pay it back. Initially it was a civil case, and she was told to pay back £25 000.

 

Another thing which you might/might not know, different standards of evidence are needed in a civil case and a criminal case.

Criminal case: Beyond all reasonable doubt

Civil case: on the balance of probabilities

In other words, to ask for the money back in a civil case, the evidence need only 'suggest' he lived with you, in a criminal case there'd have to be no doubt at all that he lived there. What factors are involved, I'm not sure, you'd probably have to look at previous court case, case notes.

Although the amount of money is a factor, it's definitely not the only factor. It shouldn't be really, had they asked these questions earlier, you would have changed your financial arrangements and there'd be less money involved. People who are investigated earlier would be at an unfair advantage, if you see what I mean.

 

I know it's easily said, but try and get some rest from worry if you can. Have you seen the doctor regarding anxiety?

[britishred]

oh thank you so much for replying. no i havnt i have lost weight just cant eat. if mine is a civil case what happens ? do you think that they will just want the money back ?

[lis79]

oh thank you so much for replying. no i havnt i have lost weight just cant eat. if mine is a civil case what happens ? do you think that they will just want the money back ?

 

This seems to be what is happening - not heard of any penalties being given/court cases. There is a big post on this on netmums, don't know if you've seen it already. They seem to be just looking at the past two tax years, except where people are appealing against the decision to pay back the money (in which case they investigate back further). They typically say they are not looking at previous years 'at this time', which sounds a bit ominous if you ask me. But they've just asked for money back which is taken off future awards, and this can be adjusted so it doesn't leave you in hardship. Anything not paid back over 10 years is written off.

 

I think it'd be good if you saw your doctor. Maybe they could give you something to get a decent nights sleep, and then things might seem better. Your mind will be suffering even more when you've gone with food and sleep. I suppose you don't need to go into details with the doctor if you're not comfortable- just money stress.

[britishred]

you have been so good taking time to try and put me at ease thankyou thankyou. i want to cry but cant havnt told hubby yet so trying to be normal. how do i get on netmums? i read about the single tax investigation starting in 2013 but i guess no one will know if they are going to be investigated again till they get a letter again at some time in the future.

[lis79]

you have been so good taking time to try and put me at ease thankyou thankyou. i want to cry but cant havnt told hubby yet so trying to be normal. how do i get on netmums? i read about the single tax investigation starting in 2013 but i guess no one will know if they are going to be investigated again till they get a letter again at some time in the future.

 

Don't mention it! It's a huge post:

http://www.netmums.com/coffeehouse/house-garden-194/money-finance-entitlements-267/290860-tax-credits-review-team-letter-39.html

But you'll have hundreds of similar stories to read through if you're interested.

It's unclear whether the single investigation in 2013 will be for current claims at that time - or previous ones.

[britishred]

liz i have spent most of today reading netmums. however i am guilty of fraud since he moved back in in jan 2010 thats when we opened a joint account and entered a debt management plan together. so when i admit that what will i have to send them and are they just likely to want the money back from when he moved in till present date and obviously i have read that they can charge a penalty and interest.

[britishred]

can anyone please advise me of the above query ? please

[britishred]

can someone confirm if i will be in trouble with the dwp for when i claimed contribution based job seekers allowance.? I said that i was single and not married when i claimed .

[lis79]

Hi britishred.

 

DWP usually look to prosecute people when the overpayment is over £2000 - and yours is £800. I think have can do it for lower if they want though. Have they been in touch with you yet?

[lis79]

Ps - you could try posting this question on the benefits/dwp section - there may be someone to help you there

[britishred]

hi liz no no one has rang me back yet its been a week

[sallypotter]

Hate to say it but if you said you were single and you were married then that is a false representation on a benefit form.

 

DWP etc. don't care whether the amount of money you received was still correct. If they can prosecute you for things that you haven't declared they will.

 

It happened to a neighbour of mine.

[britishred]

so what would they prosecute me for false representation ? and do you go to court for that ?

[britishred]

even though i claimed contribution based jsa what penalty will they impose for saying i was single when i claimed when i was back with my husband and my total money was around 700 not claimed jsa for long and first time i ever claimed it. please advise do i need to speak to citizens advice

[sallypotter]

False representation is a court case. Though if it is only £700-£800 probably not likely.

 

Unfortunately, you have to play the waiting game, it can take years, it depends on what is being looked at.

 

These people are dealing with many people. It seems that HMRC and DWP have also got to liase with each other.

 

Personally i would not give them any information.

 

You have to remember they are not on your side.

 

It's not what they know, it's what they can prove and on top of that they will assume a lot of untruths.

 

You have just got to wait to see what evidence they have to prove their case/s.

 

They will definetely have a copy of your marriage certificate, you will just have to say that you considered yourself single as you were not in a married relationship at the time. They will probably say you should have indicated you were separated.

 

You can provide your info at a later date.

 

Provide them with paperwork and they will go off on other tangents.

 

Sorry to sound pessimistic.

 

There isn't a lot you can do but you need to stick to whatever story/facts you decide and not change them. If you do then obviously you won't be believed.

 

Unfortunately what has happened has happened and you have to do damage limitation.

 

You need to take advice from people that have been there or people that work for them on the fraud aspect.

 

Others don't really know the reality of the situation.

 

Sal

[britishred]

sally are you referring to just my claim for jobseekers or my claim for tax credits or both. if you read back to the start of my thread then some people are saying that hmrc are not going down the prosecution route that they just want their money back. i know that the dwp are keen to prosecute. they also say that you are looked on more favourably if you cooperate.

[shadow2007uk]

Just to put your mind at ease i am in the same situation . I couldnt prove we wasnt together so had to say that in a letter . I sent it 15th may and did not hear anything until two weeks ago saying my money was being stopped . I called the case worker yesterday as i hadnt heard anything else and he comfirmed i would end up paying back what i was given in 2011-12 . He would send me letter comfirming amount . I asked if they would prosecute me and he said no we just want the money back . Phew they could of gone back 10yrs . Please dont worry people if anyone was going to court i would of if they were doing it . Keep the faith x

[sallypotter]

This is all very well not going to court Shadow, but if you had the money legit why the hell should you have to pay it back?

 

Surely the onus is on them to prove you were part of a couple, not the other way round.

 

Does the HMRC have the legal power to do this?

 

I wouldn't be at all happy having to pay back money i had received as a genuine claimant.

 

How can you be at all happy having to pay it back when you were genuine?

 

Makes absolutely no sense to me.

 

Sal

[Debs911]

Just to put your mind at ease i am in the same situation . I couldnt prove we wasnt together so had to say that in a letter . I sent it 15th may and did not hear anything until two weeks ago saying my money was being stopped . I called the case worker yesterday as i hadnt heard anything else and he comfirmed i would end up paying back what i was given in 2011-12 . He would send me letter comfirming amount . I asked if they would prosecute me and he said no we just want the money back . Phew they could of gone back 10yrs . Please dont worry people if anyone was going to court i would of if they were doing it . Keep the faith x

 

Hi what exactly did you put in your letter as I am in the same

Situation as you - I want to admit to fraud and pay the money but am unsure as to what to put in the letter. I have tried ringing them but being informed that all advisors are busy. My situation is that my partner moved in but as he is not my child's father I believed I could carry on claiming as a single parent - any help would be appreciated as I am army wits end

[shadow2007uk]

Hi

I couldnt prove to there satisfaction we are not a couple so not to make matters worse i said this in a letter and said im sorry i didnt know i was doing anything wrong . CAB said this goes in your favour as if you appeal they will go to your employer, look at bank accounts and can question the neighbours and go back as far as they like ...omg didnt need that . I also said i wont be claiming as a couple as WE ARE NOT AND THAT WOULD BE LYING . I was advised to admit any mistakes but dont incriminate yourself further ... plz go to CAB they will help and even call for you and they get through not like us lol

[britishred]

i had my phone call this morning. basically i admitted that my husband had been living with me since jan 2010 and he said that since i had admitted it that my claim would be sent to the debt recovery dept. he also said that legally he could only ask for recovery of the year on the letter 2011/2012. he was fine with me didnt ask for reasons for not reporting change in circumstance just asked for my p60 earnings . dont get me wrong i was terrified and now i am glad the phone calls over. the ball is in their court . i wont believe they are only asking for a year until i see the letter and i know its nothing to be proud of infact i couldnt have felt any lower these past two weeks and couldnt stop thinking of all the people i would have let down if this had gone to court. so now i will wait for the letter with fingers crossed and make a promise to myself never to be so dishonest again. thankyou for everyone that has replied to my thread i will post again when the letter arrives honestly without this forum i would have gone insane .

[shadow2007uk]

Same here Britishred , its a brilliant forum and has stopped me going insane i swear.

Im glad its sorted for you and you can now breathe a big sigh of relief .

[britishred]

i have just received my overpayment letter but its dated 2012/2013 .has anyone else received theirs and as my review was for 2011/2012 does anyone know if the overpayment for that period is requested in a second letter, i thought the overpayment would arrive as one bill . can anyone advise please.

[shadow2007uk]

Hi

 

I got one of those to its just to say what you are intitled to if you was to be reapplying now you have changed circumstances . The big one will come after letter from person reviewing you saying the case is now closed . I had one to but big one come after with final amount just for 2011-12 . Hope i make sense lol

[Diddlywhack68]

Received my dreaded letter today. Feel sick with worry and have spent hours looking up facts on it. My letter is for 2011-2012 asking why I didn't make joint claim with Mr Xxxxx. They state they have information that he is living here. We split back in 2005 when my youngest was 3 I made a claim and have claimed ever since. When claim was made I specifically asked the question about him remaining living in the property, advised he was in forces and had nowhere else to live on main leaves etc. I was told by hmrc at that time it was fine as long as we weren't living as man and wife, asked bout correspondence and again told as long as we weren't living as a couple it was ok. We had been together 16 years previous to split, had joint mortgage, loan bank accounts etc. Stupidly none of this ever changed we still have joint account although our wages go into separate accounts albeit joint. He used gratuity to pay mortgage off when left forces he pays house insurance and sky tv I pay all household bills, council tax in joint names as he's on electoral register and council want rent book or agreement produced to take him off, they then question discount reduction when in one name, he does live here so not entitled anyway. I pay council tax bill. I had no idea about financial association on credit reports and certainly didn't know you could sever them by request or wld have done so!! What do they do is it just the year on letter or can they go back the full seven years of my whole claim? Honestly feel physically sick not eaten all day any advice what I need to be doing? I rang but had to leave name number and Nat ins number for someone to ring back.