Tax Credits and abusive ex partner

[AngR]

I have left my partner this year and we filed correct tax credit forms, he was only allowed to bring £1200 in per month because of arrears in CSA to children from his previous relationships. I have a 2 year old daughter who relies on these credits for her nursery fees and I have just recieved a letter saying that he had contacted them and said instead of the £33,000 he earned he actually earned an extra £20,000 on doing home jobs. This is totally untrue but the Tax Credits office are now saying that due to this new information I have to pay £6,000 back and they will stop my credits now meaning my daughter will no longer be able to attend nursery and I will not be able to work the hours I do.

Without any evidence which he cant produce as it is not true can the tax credits office just demand this. He is currently being prosecuted for harrassment and this is another way he is destroying my daughter and my life.

Where do I stand

Please please help as I am on the verge of bankruptcy

[ericsbrother]

If you are not married all you need to do is inform the DWP and HMRC that you are no longer in this relationship and that you are living alone and they will recalculate your income and benefits. It will take about a month. Whay you cannot do is nothing so get on to the tax office straight away and explain your circumstances. hey will probably send you new forms to fill in so you sign a statement of truth.

[blondebubbles]

As above. If you are no longer together then you should be claiming tax credits as a single person.

 

Have you informed tax credits of the separation?

 

However this will not resolve the overpayment situation. Where did tax credits get the information of this extra £20,000? Was there a compliance investigation? Did the tax office inform them?

[AngR]

Thank you both

Yes I did inform them and they have recalculated for myself and my daughter.

According to the letter from the tax credits he contacted them and said he made a mistake and they have apparently taken his word for this (there can't be any evidence because it did not happen).

Victims support say this is happening more and more with abusive relationships but this does not help me.

He is filing for bankruptcy apparently so any payments he would have to make will just be taken into account for that but he will force me to go into bankruptcy and yet I came out of the relationship with nothing but the furniture I paid for and debts for council tax because they also say I have to pay the whole bill as it was in joint names and he refuses to pay.

Stuck on where to go now for help as cant afford a solicitor.

[blondebubbles]

You cannot be made to repay any more than 50% of the overpayment.

 

This is detailed on page 15-16 of the COP26

 

http://www.hmrc.gov.uk/leaflets/cop26.pdf

[AngR]

Thank you for that

It also says on page 16 that they cant reduce my current new payments to pay for the one with my ex...they told me they can stop my payments and this is why I was worried that my daughter would have to leave her nursery

[blondebubbles]

Who told you this? Was it in a letter? On the helpline?

[AngR]

It was sent in a letter from Tax credits that if not payment was recieved they would cancel all current payments blondebubbles

[blondebubbles]

It was sent in a letter from Tax credits that if not payment was recieved they would cancel all current payments blondebubbles

 

That seems very unusual. Do you still have the letter? If so could you post what it says?

 

Is it from HMRC or a debt collector?

[AngR]

I have spoken to someone from legal aid and they have taken my documentation to copy and ring them, so hopefully will be sorted when I am hopefully granted legal aid