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Should I be expected to pay the money back? Is there a system where this can be looked at as a claim and say, okay you were entitled to the money you received you don't have to pay it back.
HMRC have confirmed that had my partner's (now husband) name been on the award we would have been entitled to the same or more (more as it turned out when I changed the details).
This wasn't done maliciously or to avoid anything, we were entitled to the CTC at the time, it was just a silly mistake. I am not sure if I mentioned to them I had moved in with my partner on the phone and when I called within the time period they are requesting payment back for, I even called to tell them I had just got married! I needed to tell them about my daughter's change of name you see. How did they not piece the fact I was married with the fact he should have been on the claim? Is this in any way their responsibility? I genuinely didn't know he had to be on the claim as all he other claims were in my name only (income support, child benefit etc)
I just want to know if they have made a mistake my not requesting information about living with someone and when I called to tell them I was married they didn't tell me I needed to make a new claim.
They are stating that I received over-payment due to the fact my partner was not named on the claim.
I am not being prosecuted for fraud, they are happy that this is more of an administrative error.
I have spoken with HMRC who confirm it is their procedure to ask if I have a partner but this procedure was not followed and because at the time my partner was not earning and was an unnamed person on my income support claim, I did not think to mention it.
I did however tell them that I was claiming income support and the amount which equaled a joint claim and not a single. I also asked the money be paid in to my partner's bank account and no one mentioned that I should be on a joint claim.
This was purely an oversight, I feel on both parts, the money that was claimed we would have been entitled to had his name been on the claim.
I just don't understand why they are asking for it back when it was not indeed an over-payment when we would have been entitled to it anyway.