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AMANDA
Rank; Hector Tax Inspector


United Kingdom
1 Posts

Posted - 09/11/2010 :  16:12:56  Show Profile Send AMANDA a Private Message
I am in dispute with Tax Credit Compliance as I have been accused of failing to notify them that I allegedly lived with someone for a month in April 2007. The investigation was triggered by me ex-partner giving my address to the Inland Revenue in April 2007 as we intended to set up home together. However, this never actually happened. He did stay with me for a couple of weeks before our relationship broke down comletely but we never lived as a married couple. I was married for 16 years before so do kw what being married entails!!
I have appealed against the decision but the appeal was turned down by the compliance manager. I provided lots of evidence to prove that I lived alone with my children and was solely financially responsible for all outgoings and purchases. I even provided evidence with my ex-partners home address on along with details that he did indeed own his own house. The only evidence that linked me with my ex-partner was a savings account opened when I was expecting our child and the information from the Inland Revenue.
I have been invited to submit more evidence by 19 November 2010 and am desperately seeking advice about what else I may use.
I have read the guidance that the Compliance people use to indicate what constitutes living as a married couple and I never have with this person.
CAN ANYONE HELP!! I am now getting desperate as the amount of the aleged overpayment is huge due to two sets of chilcare costs.
Any suggestions gratefully received. Thanks!

Amanda

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samthe
Mod



341 Posts

Posted - 11/11/2010 :  17:23:30  Show Profile Send samthe a Private Message
You say you've read the Compliance guidance. Do you mean this?:

You must be logged in to see this link.

There is a bit on short term relationships which is more or less saying it is unlkely anything under 3 months will satisfy the requirements for living together. Look at all the parts which may be relevant & use whatever is in there which may help you. TCO should have given reasons why they turned you down. You need to study them & provide information & evidence to rebut them as far as possible. In particular you need to explain fully in detail why the joint savings account was opened, what it was used for & when it was closed (or why it has not been closed if it is still open). You also mention linking evidence from Inland Revenue - you also need to do the same in relation to that.

I'm assuming from what you say that TCO are only after you for a one month period. Is this so? (If not, what are they arguing?) If it is, I'm not sure how the alleged overpayment can be "huge". Why are 2 sets of childcare costs involved?

You say you've appealed but the appeal was turned down by Compliance. This is not right. Appeal is a specific process which involves an independent Tribunal - decisions on appeals cannot be taken unilaterally by TCO. However, there is a time limit on making an appeal, which is 30 days from the date the decision was notified to you, & this should have been spelt out in the letter giving you the decision. If you have submitted an appeal within time, you need to insist it goes to a Tribunal.

The alternative is that it is possible to dispute recovery of an overpayment. Such disputes (there is no specific time limit for making them) are dealt with by TCO & can go through various stages. Eventually, if you are not satisfied you can go to the Independent Adjudicator & then - via your MP - to the Parliamentary Ombudsman. All this can take years, but TCO do not necessarily put recovery of the overpayment on hold after their initial decision on the dispute.
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