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Sam
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child tax credits problem

Resolved Question:

hi I'm having problems with tax credits. my ex girlfriend told me she had stopped child tax credit but has just found out this is a lie. they are saying we both need to pay the money back however i haven't received any of the payments and we lived at separate address in different counties

Submitted: 2 years ago.
Category: Tax
Expert:  Sam replied 2 years ago.
Hi
Thanks for your question and asking for me.
Can you advise from what date the claim was made and what dates that the tax credits are pursuing for the money back from.
Can you also advise from what date you had been told (by your ex girlfriend) that she had stopped the claim, and is it her that lived elsewhere - and you in the UK, and what date that you ceased to be a couple, and whether you had ever lived together -
Thanks
Sam
Customer: replied 2 years ago.

hello

the date from which they are claiming is 04/13 to 04/14

we spilt up 05/13 the reason for this was due to the children going into care, i then claimed single person benefit and housing benefit we were living in the same area but not the same house,from when we spilt up the children went into care 25/6 my ex girlfriend told me from the 07/13 she had stopped claiming tax credits. i do live in the uk

Expert:  Sam replied 2 years ago.
Hi Marcus
Thanks for your response
Did you advise the tax credit office of your split and the children going into care in May 2013. If not, then you have to realise that the tax credit office would need to have heard from you regarding this change of circumstances, as this was a joint claim.
The tax credit manual states that
In the case of a single claim, notification must be given by the person who made the claim for a tax credit.
In the case of a joint claim, the notification of the change may be given by either member of the couple for whom the claim was made.
And there were two changes that needed to be notified here - you splitting up as one and the other - the children going into care.
Although you had assumed that this has been done, clearly this was not the case, then all I can advise you do is provide the appropriate evidence of your change of address, which will be backed up by your claim for housing benefit and single person benefit, and I would argue further that the split occurred first leaving it to be your ex girlfriends responsibility to advise the change of the children's living situation, and that as MOST you can only be held jointly liable for the period from May 2013 to 24/06/2013, as the children being placed in care then super ceded the existing reason and that was not YOUR failure to notify
Thanks
Sam
Customer: replied 2 years ago.

no i didn't contact tax credits until October 2014 as i had a renewal form come through the door at my new address and contacted them at this date which then came to light that my ex was still claiming. i never received any of the payments as it was in her bank account.

i believe my ex must of renewed the child tax credits in the April 2014 and signed my name without my knowing is this fraud?

so would you say that the blame should be both parties or just my ex girlfriend's? As i find it unfair she has received £110000 and i have to pay half of this money back for something i didn't receive.

If i have the evidence of my single claim and housing benefit and also bank statements do you think this would be enough evidence to prove i believed my ex had contacted the tax office and that i never received any of the payments?

thank you i appreciate your advice

Expert:  Sam replied 2 years ago.
Hi Marcus
Thanks for your response
How come they had your new address? And why were you being issued a renewal notice - this would suggest you too were also in receipt of tax credits.
You advise that you did not receive this so you have a further argument that if it was a joint claim still up until April 2014 and she renewed this as joint claim, then you would like to see the main renewal of the claim - as your signature must have been signed fraudulently - which also make a strong case in your favour.
Your main aim here is not so much to push it all back onto your ex girlfriend under a joint claim - but to clear you own position with you being held accountable.
But I still think you have to accept some responsibility from May 2013 to June 2013 when the children went into care -
But you do have a strong case here and I would argue all this factors and let this go to tribunal if necessary - to argue this fully, and a tribunal will also see the sense in your favour.
Let me know if I can be of any further assistance, but it would be appreciated if you could rate the level of service I have provided (or click accept)
Thanks
Sam
Customer: replied 2 years ago.

the reason they got my address is because i was paying tax the reason i think i was issued a renewal is because their was still a joint claim that i was unaware of.

i agree with you regarding May 13 to June 13

Expert:  Sam replied 2 years ago.
Hi
Thanks for your response
Then you have the arguments to present to step away from the bulk of this overpayment being asked for
Thanks
Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13808
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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