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bigduckontax, Accountant
Category: Tax
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My daughter's Jamaican partner moved in with her in December

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My daughter's Jamaican partner moved in with her in December 2013. She did not inform Tax Credits as he wasn't allowed to work having overstayed his VISA. He was granted a VISA in October 2016 and obtained work. My daughter immediately informed Tax Credits and she had to pay her previous year's tax credits back (£3,300). Last week she unexpectedly received this amount back into her back account under a Notional Entitlement that can only be applied once. She is under stress as her, now husband, is applying to renew his visa and she has become extremely concerned about the period of time she didn't inform Tax Credits that her partner had originally moved in. She thinks she has committed benefit fraud and will go to prison even though she didn't benefit financially in anyway. She is soon to give birth and is under the local Perinatal Mental Health Team because of her extreme anxiety. I would like to reassure her.Rosemary Freeman

Hello Rosemary, I am one of the experts on Just Answer and pleased to be able to help you with your question.

This is definitely a Dad's Army, 'Don't panic' situation! She did the right thing by advising the TCO of her partner's starting to earn an income in the UK. The fact that perhaps she should have told the TCO of his original arrival is a moot point. As he was not in receipt of income then it would have been an exercise in administrative futility. He cannot be prosecuted as he received no benefits at that time. My advice would be for her to emulate Brer Fox, 'For he lay low and say nuffin.' No point in unnecessarily stirring the dead leaves here.

I do hope that you have found my reply of assistance.

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