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JammyJ
Rank; Hector Tax Inspector


United Kingdom
1 Posts

Posted - 20/11/2010 :  08:19:36  Show Profile Send JammyJ a Private Message
I have today received a letter from Tax credit compliance team asking is my single claim for tax credit's right. The office that has sent it to me is miles and miles away from where I live! It asks me to tell them about my changes before they start making their checks as I will have to pay a penalty. I'm so worried and stressed. I suffer with bad anxiety so Im anxious now about what check? What do they mean? I haven't done anything wrong. I have two children with my ex partner. He lives in the house we had mortgaged together and I live with my mum. I dont make any contributions to the house at all but I am still on the mortgage. I have a debt management plan than is still registered at the house but only because its bad credit I dont want to bring to my mums house. Im worried :-(
Do they randomly do these checks on everyone? Im so stressed :-(

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samthe
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341 Posts

Posted - 20/11/2010 :  16:18:31  Show Profile Send samthe a Private Message
1. They do these checks (I think on a random sample basis). It looks from what you say as if they have obtained your Experian credit report & seen that you & your ex are jointly mortgaging a property, & that you have credit records for that address. As he lives there, I assume he also has credit records for that address.

2. In effect, they are therefore querying whether you are a couple & should be making a joint claim. You need to look at the information in the Tax Credit Compliance Manual, which is here:

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There is a lot there. You need particularly CCM15040 & the links it takes you to. This will give you background information on the factors they should take into account in deciding whether to treat you as a couple.

3. At this stage, write to them setting out clearly what your circumstances are and why you are still on the mortgage & why your other debts are still listed at his address. I assume you do not in fact have any financial connection (in other words you don't pay anything towards the mortgage or other costs for the house, & he doesn't pay anything towards your debts). If so, confirm this in your letter. (Note: As he is the father of your children, I assume he might be paying maintenance for them. If so, explain this & state the amount.) If you do in fact have a financial connection - such as a joint bank account - you will need to explain why you have it, where the money paid into comes from and what it is used for. Keep a copy of your letter & send it recorded delivery. If you think you need help with this try to see a local CAB or other welfare benefits advice agency - but don't leave replying too long or they will assume you are not going to reply.

4. They should not make a decision that you are a couple based just on the financial situation - they should take into account all the other factors set out in the compliance manual so it would be helpful if your letter briefly stated what the position is in relation to each of them.

5. If you do the above, I hope they will rapidly conclude you are not a couple, but if they do eventually decide to treat you as a couple you can appeal against that decision to an independent tribunal - but make sure you appeal within 30 days of getting a decision.

6. You do not need to worry about bringing debt to your mother's house - unless you have a financial connection with her your debt will not be associated with her affairs. Debt records are not recorded in relation to the address but in relation to the individual borrower.
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