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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife claims tax credits as I am a non uk resident I work

Resolved Question:

Hello my wife claims tax credits as I am a non uk resident I work and spend 9 months in Iraq. Initially my wife put a joint claim in with everything I earn on so no secrets at all she then received a letter stating due to my non residency status we can not claim together but u r to claim as a single parent . (we have the letter) even when submitting the single claim form she attached a separate letter stating our position as we didn't want no come backs but we still received that letter . Anyway my wife as just received a letter stating she is being investigated about me living at the property or linkd to the property as they put it. But we have not tried to hide that fact at all we r married and she tried even tried to make a joint claim in the first place. Do u think we need a solicitor regards Karl
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Karl my name is ***** ***** I will help,you.

To be clear, do you have evidence that you informed them you were sometimes living there?

Alex

Customer: replied 1 year ago.
I'm not sure I suppose not in theory but we r married and my wife first claim was a joint claim
Customer: replied 1 year ago.
In fact we don't have evidence but they should have evidence because my wife wrote to them explaining they we r still together but I'm non uk resident
Expert:  Ash replied 1 year ago.

Indeed and they should have on record they said it's not a joint claim.

I would not worry, this sounds like one department not talking to another. If you declared it and they advised a single claim that is fine.

If it does turn out to be wrong, which I doubt and it was on their own advice then you are also fine.

But you have not hid anything, so I would not worry, as I said it sounds like one department has not spoken to another.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
The letter we have received is basically pointing towards the fact they don't know we r together. But surely it's blatenlty obv we r with the fact she tried to claim as a joint partnership
Expert:  Ash replied 1 year ago.

I agreed. But as I have said, one department has clearly not talked to another.

I really wouldnt worry, you have declared the full situation

Does that clarify? Alex

Expert:  Ash replied 1 year ago.

You have rated bad service which affects my standing on the site, despite me giving you the legal answer.

I can't just make it up, just to make you happy.

You have informed them and they told you to make a solo claim.

That is ALL you need to do. They do NOT have any evidence that you LIED to them.

Can I clarify anything?
Alex

Customer: replied 1 year ago.
Sorry but for £42 I expected a little more legal clarity as oppose to don't worry it's one department not speaking to another because that might not be the case. In respect what can be the possible out comes what happens if they just decide to say well we didn't know u were staying there when u were in the uk. I have no proof they new or didn't know except that we wrote to them telling them the situation but they probably won't have any recollection of this deeming us at fault then what do I need a solicitor does it go court can they demand money back. ???
Expert:  Ash replied 1 year ago.

If you wrote to them thats is enough. If they try and take you to Court they have to show that you failed to declare a change in circumstance.

You wrote to them so no, you didnt fail. I assume you still have the letter.

So that means you are ok.

Does that clarify? Alex

Customer: replied 1 year ago.
thank you
Expert:  Ash replied 1 year ago.

If I could invite you to re-rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 1 year ago.
No we don't have the letter my wife sent to them informing them of everything. Obv because we didn't expect this. We only have the letter stating they advise my wife to claim as single until I return to the uk and declare residency again . They have asked for all bank statements electric bills loads stuff but I don't see what that proves we have single accounts not joint and everything is in my name
Customer: replied 1 year ago.
Letter we received
Expert:  Ash replied 1 year ago.

Sure. What you can ask if for details under the Data Protection Act. You can see what they have on you.

OK, you have this letter - so clearly you have told them.

You dont need to worry. Does that clarify? Alex

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