Hi there hope someone can help me. I received a letter in October stating my claim was under enquiry and that i had to supply an endless list of documents such as bank statements, mortgage, electricity etc. I have done all this and the day after i sent them I received a phone call from my compliance officer questioning my documents. Basically I have 2 kids to the same guy and he has helped me get a mortgage so i had a house for our kids. Therefore he is on the mortgage and so when a credit check was done his name is on it. I have however sent in proof of his residency else where. However in this phone call about my docs they stated the info they have is enough to prove that he lives here even though he doesn't!! This can not be right. This phone call was very threatening to me as she threated my job and so my future with my kids. I also admitted that i had restarted a relationship with my kids father but as yet he is not living with me, but she is now ringing me up weekly to see if he has moved in. I cant cope with this anymore. It sounds to be like they have made up there mind and it doesn't matter what proof i show them that he wasn't here. i feel like they are on a witch hunt. Merry Christmas to me!!!!!!
Are you married to him or is he your partner? The reason I ask is that the test is different depending on if you are married or not.
If you are not married the test will be whether 'you are living together as husband and wife'.
There is no one clear point that determines if you are living together as husband and wife, but HMRC uses DWP case law to determine this.
Factors considered are:
1. Whether you are living in the same household 2. stability of the relationship 3. financial support 4. dependent children 5. how the relationship is viewed by others
If it is decided that you are a couple, your single claim will be terminated from the date it is decided you were a couple. You will be able to appeal the decision, and it can be heard by a tribunal. You might want to get some representation from a benefits advisor as they will have experience with this test.
and to the pages it links to. It is Tax Credits Compliance Manual & the compliance officer should be using it. You will see this is a complex area & they should not be jumping to conclusions - the simple fact that someone else is on the mortgage (if that is all they have) does not prove that you are a couple.
As missfroy says, probably best to get a welfare benefits adviser to help you.
Tax credt Enquiry!!!!!!!!!! What can they do?
Posted - 15/12/2008 : 14:18:27
Posted - 15/12/2008 : 18:37:39
