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CarlB
Rank; Hector Tax Inspector
United Kingdom
2 Posts |
 Posted - 05/12/2008 : 14:34:56
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Firstly, I hope this is the right place to ask for help?
Anyway, my problem.
In April, or May of 2007 my partner and I had some porblems and split. In that time she changed her child tax credits from a joint claim to a single claim. Anyway, a short while afterwards we got back together (mid July 2007). But when we did get back together, we didn't change it back to a joint claim. However, on the 3rd of august we broke up again and this went on constantly until april this year. Now, because we got back together in July 2007 they say we are now going to have to pay it all back to that date.
We have been having a lot of problems over the last couple of years and have had a very rocky relationship. I suffer from anxiety and depression and recieve disabilty because of the severity of it. This is really upsetting all of us here and making it worse is the fact that we now have a new member of the family and worried that they are going to stop all our tax credits until we pay the debt back.
Where do we stand and will we have to pay it all back?
What I dispute is why are we having to pay back that full amount?
Shouldn't it just be the amount we got, taking away the amount we should have got for that period? Also, shouldn't it be only for the times that we where together and not the times we where apart?
Anyway, thanks for reading (if you did ;))
Carl B
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Edited by - CarlB on 05/12/2008 14:38:26 |
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tcblondie
Rank; Hector Tax Inspector
7 Posts |
Posted - 05/12/2008 : 18:17:58
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because you didn't inform them of the change of circumstances, according to their guidance, they can demand to have all the money back
however - were you and your partner "back together" between july and august - or where you giving it another try but not really considering yourselves a couple?
It is up to the individuals involved whether they class themselves as a couple of not - if you decide you weren't a "couple" at the time, you would never have needed to make a joint claim anyway |
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CarlB
Rank; Hector Tax Inspector
United Kingdom
2 Posts |
Posted - 10/12/2008 : 13:45:33
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ohh bugger, :'(
Well due to a lot of problems at home and me being in prison, we spent more time apart than we did together. So I could argue that the time we where together was only to "see how things went" period rather than actually "being together"? |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 11/12/2008 : 08:04:42
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I would think that your coming out of prison, with all the challenges that brings for you in having to adjust back to life outside and rebuild relatiomships, would be a really strong ground for your argument that you were both taking things really slowly. Do you have a probation officer or some other supportive person who could vouch for you and help you put together a good argument?
Ridiculous system, this. Instead of your being given support to put the past behind you and get back on your feet, you are now being hammered because HMRC regards every claimant as automatically being in the wrong, With time spent inside, I am afraid you'll probably face more prejudice than most. Hopefully by this time you will know who your real friends are, and get some support from them. Do try the Citizens advice, too. Good luck!
Trinity: No one has ever done anything like this.
Neo: That's why it's going to work.
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 11/12/2008 : 13:19:31
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This is a very familiar situation, but it can be dealt with & overcome.
My mental health issues & incarceration are behind me and I'm now reunited with my ex-wife & sons and living in a bigger & better house in a much nicer area. I'm currently embroiled in a battle with DWP/Jobseekers Allowance (the poor fools!)and am in the process of getting my old business back up & running.
There is a lot of truth in the old adage "If it doesn't kill you it will make you stronger!"
Good luck & don't give in!!!
No nurse, I said "Are my test results back?" NOT "Are my testicles black?" .. but thanks anyway!! |
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samthe
Rank; Private Primate
188 Posts |
Posted - 12/12/2008 : 20:29:32
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I don't go with what tcblondie says above. The question of whether you have to claim as a couple is very complex. Go here:
http://www.hmrc.gov.uk/manuals/ccmmanual/CCM15040.htm
and follow through to the links shown on that page to get a feel for what can be involved.
TCO will probably argue that every time you split up and every time you got back together you (or partner) should have notified them of the change. Your post gives the impression you split & reformed a lot of times. If so, that in itself would - in my opinion - indicate you were not in any kind of stable relationship. But you also say this went on till April 2008 when - I assume - you became a stable couple. If so, did you tell TCO then? If not, there could be a good argument for saying you should have done.
Fairness and commonsense would say they should offset what would have been paid against what was paid, and only take action for the periods you were genuinely together. Unfortunately, they don't work that way. In particular, their rules on offsetting actual entitlement against amount paid are draconian and very limited.
Go on fighting this - make sure you submit a complaint if you haven't already - and get advice if you need to from CAB or Taxaid or Litrg. |
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tcblondie
Rank; Hector Tax Inspector
7 Posts |
Posted - 28/01/2009 : 21:40:57
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| considering that you can live together and not be a couple, or live apart and be a couple, i can't see there being any problem with you reffering to this as a trial separation. this is clearly shown in the guidance used to answer tc queries. |
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Overpayment And Disputed Amount
