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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have stupidly claimed tax credits with someone living with

Resolved Question:

I have stupidly claimed tax credits with someone living with me,we wanted to see how we got on living together,today I received a letter from the tax credits stating that they knew he lived there,I've never broken the law and really don't know which way to turn,my mum has said she will pay back all that I owe but us it as simple as that as I will lose my job if I'm prosecuted
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.
I need help to my question above
Expert:  Jo C. replied 3 years ago.
Yes, so how can I help ?
Customer: replied 3 years ago.
I have stupidly claimed tax credits with someone living with me,I wanted to see how we got on living together and it's been very unstable resulting in him sleeping in another bedroom,I have never been in trouble with the law and could lose my job as the tax credits have sent me a letter saying they know he's living there,I've spoke to my mum who has said she will pay what I owe,will that stop them prosecuting me?
Expert:  Jo C. replied 3 years ago.
How much is the overpayment roughly?
Customer: replied 3 years ago.
They haven't stated an amount,just asked why I didn't apply as a joint claim and want bank statements,council tax bill,utilities bills,mortgage statment
Expert:  Jo C. replied 3 years ago.

Okay thanks.

Let's try to work it out.

How long has he been staying and how much do you get in tax credits?
Customer: replied 3 years ago.
He came in January ,they have been £535 a month upto 2 month ago then went to £638
Expert:  Jo C. replied 3 years ago.
Thank you.

On my very rough calculations, that is an average of about £550 for roughly 12 months.

Unfortunately, the overpayments is going to exceed the level at which councils will often just let people repay. Sometimes, even if a council takes the view that it can prove dishonesty they will just allow the offender to repay the overpayment. The amount varies but it's usually around £3000.

You seem to accept that he was living there and that you didn't report it so you cannot deny the offence.

It is worth making an offer of repayment. It might be that they would accept that.

Unfortunately though, it cannot be guaranteed because of the sum in question.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Does this mean they can still take me to court which will result in me almost certainly losing my job?
Expert:  Jo C. replied 3 years ago.
Yes, unfortunately they could.
Whether they will or not is another matter but the amount of overpayment exceeds the sum at which they would normally just allow repayment.
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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