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Child Tax credit scary Letter~Confused

(56 Posts)
passingcat Thu 14-Feb-13 08:07:19

I received a letter today saying my child tax credit is under review because they have run a credit check and can see my X partner as still living here. He does still live here but we live as permanently separated (until we can afford a divorce) and I have always told them this. They themselves told me I could claim as a single parent if we were permanently separated but still living in the same house. We were forced to stay together due to severe financial problems with neither one being able to afford to move out. He pays me maintenance, which I use to pay food and some bills but he does pay some of the bills also. He eats, sleeps, washes and lives separate from me. Most of the bills are in my name except for the council tax which we never bothered to amend. I can't understand why they have pounced on me when they said to go ahead and claim in my circumstances anyway. My bank account is in my name but a couple of bills are still in joint names. Apparently we can now be in trouble for this? If he is paying the mortgage and some bills because he lives under the same roof but separated from me, surely they can see he would pay some bills? Has anyone got any advice on what to expect as I get a bad feeling even though we really are separated and they themselves accepted that without question till now? Very worried ty

J91983 Sat 06-Jul-13 12:29:17

You've not done anything wrong,every person has a diff situation I've been accused,received my letter about mr x who is not here.I rang straight away to get a delightful officer at Preston who over the phone stopped my award! They're not allowed to do by the way.He Didnt tell me what evidence was needed etc but reading on here I proceeded to send relavant proof with the backing of my mp.4 wks with no money now and my evidence slowly being returned as "insufficient" he ignored my pleas that myself & homosexual cousin now live together as his mum & my dad both died 12hrs apart dec 17th 2012,he's my best friend & family he's on my council tax but evidence is being ignored each officer is luck of the draw,my evidence would b more than enough with 1 officer yet another dismissed!! They make it up as they go along every household is different! If you ring & they advise then then they backtrack its their fault not yours appeal I am!! I'm not paying money I do not owe I'm certainly not giving in when they are NOT listening trying to bully ppl they can kiss it.dwp clearly state rules hmrc do not,they don't give clear rules as someone already tried "freedom of information act" with the rules us singles should abide by.It was refused! How can the public abide rules,not knowing what's wrong when we do not know the rules??? All we know is were single with no financial help from ex which is the "norm" as single,it's clawing back money by any means possible by hmrc tax credit casualties says it all!! X

Sidge Wed 12-Jun-13 21:39:08

alip76 I believe your eligibility for the childcare element of Tax Credits is reduced when you use childcare vouchers; you can't claim the full entitlement for both.

Have a look here

alip76 Wed 12-Jun-13 20:52:41

Hi- issue with letter from HMRC stating that they calculate my weekly childcare cost to be £18/week (!) when my actual is £129. I sent proof of my payment history from my nursery so not sure how they have arrived at this figure. I pay £234 per month (thru childcare vouchers, therefore legally avoiding paying tax & NI on this sum, and my ex husband also says £234 the same way) and I also pay an additional £20/month to top up to the actual monthly figure of approx £558/month.
My guess is that they believe the childcare vouchers to be 'free money' i obtain rather than paid for directly to the nursery by me from my salary, so have arrived at their £18/week figure due to this.
Can anyone offer any help as I am concerned my tax credit payments will be significantly reduced and i cannot speak to anyone til tomorrow morning- i'm not going to be able to sleep tonight as i'm so worried by the letter :-(

passingcat Wed 27-Feb-13 16:28:32

Just to say I haven't logged in for a few days as I've been very unwell with my asthma. I appreciate so much of the advise on here but was taken aback by some! If i didn't answer you it is because I'm unwell and stressed out. All I can say is I applied for child tax credit on the advice of the operator, giving correct and truthful deatails. A citeria that they now say you must meet was never put forth-ever! ie: the separated partner can not be paying any of the bills e.t.c.. that has just be thrust at so many people. I will ask why all these questions were not put in the original application. Is looking like I might have to pay it back, but it was claimed in good faith and two advisors telling me to go ahead with few questions asked. Thanks again to all the really nice people who tried to help. I won't be back to the forum so everyone have a great day and hopefully anyone else in this mess can benefit from all the good advice given here. Basically our country is bankrupt and they can't really afford to pay anyone tax credits.Take Care.

JingleMum Sun 24-Feb-13 14:27:34

scream so the sky & mobile phone bill was in his name & being paid for out of his account since oct 2011 when you made the single person claim? Does the mortgage payment come out of his account? Surely this could just be a custody arrangement, it doesn't prove he is living there? Now he has a place of his own i presume he has a council tax bill to show him living at another address? Let us know how you get on at the solicitors.

Also, did they just write to you in january 2013 out of the blue? If you've been single since october 2011, why have they only just picked up on the financial link now?

screamadelica Sun 24-Feb-13 10:35:56

Matilda....thanks I just might do that. I have made an app with a solicitor for monday. So will know more then I hope.!!! Thanks again for your reply.

screamadelica Sun 24-Feb-13 10:32:00

Jingle...no my stbxh isn't claiming anything. I made the single claim in oct 11..and was told as long as we were not living as a couple I could claim as a single . I even rang back to double check. He moved out in dec11 as it had become unbearable. He carried on paying half the mortgage and for the sky tv, internet. He hasn't givenme any money. But that was our aarrangement...it is these financial interactions that have caused the tax credits to run a check. We have no actual proof that he lived in the caravan for 12 months..he has now moved into a flat. The rules for claiming tax creds are so vague. Its just a mess. Thanks for the reply.

ProphetOfDoom Sat 23-Feb-13 10:31:11

Message withdrawn at poster's request.

JingleMum Sat 23-Feb-13 10:18:20

Passing screamdelica really sorry this is happening to you, must be awful. Can i ask, are you ex's claiming tax credits as a single person too? Also, how long ago did you start making the claim as a single person? Was it recently and they've looked in to you straight away? Or was it a while ago?

screamadelica Thu 21-Feb-13 11:00:29

Reading your plight has made me feel less alone...they never said I had to provide any evidence when I changed to a single claim...this was when we were still under the same roof.. it's a big mess..
I would appreciate any legal advice from anyone whos in the know. Please

screamadelica Thu 21-Feb-13 10:44:23

Hello Op this is happening to me. My Dh moved out in Dec 11 he lived in a caravan whilst saving for a flat.tax cred..don't believe me and my money has stopped as of Jan. I have 3 children and we are living off handouts...it's now going to appeal. I have provided them with numerous pieces of evidence to prove he no longer lives here. He used this address for a mobile phone contract..this is why they think he lives with me???!!!! Our only financial link is that he pays half the mortgage. He doesn't give me any other money. I t the worst time I've ever had....I wish you luck op.

MummytoKatie Sun 17-Feb-13 10:53:52

Do you know when the call was made where they said you were single. Usually when we call people about this type of thing we scribble on e relevant bill 12/9/12 10:32 Susie so if necessary we can say "but I called you at ..... And spoke to Susie and she said...."

Go hunting on old phone bills if necessary.

Have you spoken to a solicitor about the divorce? That would help.

My own experience is slightly different but my husband was once part self employed. Every time we phoned the revenue we got a different answer. So I'm not surprised there is a muddle.

HystericalParoxysm Sun 17-Feb-13 07:48:57

Passing, your thread originally caught my eye because I too have been in this position. I am not being 'judgemental'. Neither am I suggesting that you need my permission to post. I'm saying that so far you have been given lots of advise and information from others who have been in the same situation - but you have rejected all suggestions and insisted that you are correct. This would not be a wise way to approach the issue with the tax credits office. The decision makers' guides on what constitutes LTAC are available on the HMRC and DWP websites. Perhaps you would find those less 'judgemental'.

JaquelineHyde Sat 16-Feb-13 15:12:46

passing Have you read my post?

I was in your situation, I have been where you are exactly. I shared this with you and offered advice, not judgement.

You ignored it, I presume because it didn't say what you wanted it to say?

I hope you get it sorted out and that tax credits are sympathetic to your mistake. I would however, drop the attitude you have at the moment to try and ensure this.

minibmw2010 Sat 16-Feb-13 15:00:30

Basically your mistake was not to put all bills in your name, by allowing his name to remain on any (and by him paying them) you're giving him rights that a lodger just wouldn't have and that makes him a co-habitee whether you like it or not.

passingcat Sat 16-Feb-13 10:33:46

Because I'm confused over the bill side of things and wondered if others are in a similar situation who can offer advice. Sorry but I don't need your permission to post, if you don't like it, don't read it or answer. No right to dictate to me what I should do. I'm looking for support from non judgemental people in a similar situation. You obviously don't like supporting people and I ignore stone throwers and judgmental types. That is the trouble with sharing private details, you have to deal with the stonethrowers when all people want is some support. Good Day.

HystericalParoxysm Sat 16-Feb-13 09:31:59

I don't know why you're posting all this really, OP.
You are convinced you're in the right, so that's fine, no problem, explain to DWP/HMRC, not us. No use just getting uppity with other posters when they say anything to the contrary. <shrugs>

passingcat Fri 15-Feb-13 12:52:39

sorry i pasted the wrong one, that is for partners not married...here is the situation I fall under Example - married couple, separated

A married couple whose relationship has broken down continue to live in the same house as they are currently unable to sell it and neither can afford to rent or buy other accommodation. In the meantime they live separate lives, no longer socialise together and their friends do not consider them to be a couple. They continue to jointly pay some household bills but pay for their own food and other personal items. They haven’t yet started divorce proceedings but do not intend to resume living together as husband and wife. Despite living in the same house, they should no longer claim jointly from when they became separated in circumstances likely to be permanent.

passingcat Fri 15-Feb-13 12:49:38

hi, this is the criteria i was told to claim under as this is the situation...it does mention paying some bills jointly so if the bills are in his name or mine surely they will understand we are just trying to pay the bills...peopleare saying id some of the bills are still in his name they class us as still a couple which is seems very strange as paying a bill doesn't make people a couple, but anyway, thought to post this so people see the situation, ty for all those who chose to help and be kind about it.. it's not easy posting personal stuff to then get attacked..Example - living together, separated

A couple who are LTACP decide to separate, but one cannot afford to move out and the other refuses to because she owns the property. They no longer socialise together, cook/clean or undertake chores for each other, although occasionally one may do the others’ laundry with hers to save costs. Each has her own bedroom/living room and stores toiletries/food separately but they share bathroom/kitchen facilities. The property owner continues to pay the mortgage and gets monies towards this and other household bills from her ex partner. Although they still share the same address, they should stop claiming jointly from the date they were no longer LTACP.

snigger Fri 15-Feb-13 04:57:59

Don't ignore the letter. Call the caseworker. Advise them to check notes, tell them you were advised to claim singly under previous guidance, and for the love of god appeal within thirty days or preferably make a formal complaint if they end your claim, on the basis of misguidance. Let the caseworker know you made the single claim purely on the basis of advisor guidance from the helpline.

WhoWhatWhereWhen Fri 15-Feb-13 04:03:16

Go to your local CAB and get some proper advice, make sure you take any letters you have with you

passingcat Fri 15-Feb-13 03:09:48

that doesn't apply to me as we are permanently separated. I've sought legal advice but ty for all comments

NotAQueef Thu 14-Feb-13 13:16:46

the HMRC site says this- see below

You're married or in a civil partnership - and you're both in the UK

Make a joint claim - unless one of the following applies, in which case make a single claim:
• you are separated under a court order
• you are separated and this is likely to be permanent

Civil partnerships are the equivalent of marriage for same-sex couples.

Example of a joint claim

Pauline and John have been married for 15 years and have three children. They have grown apart and rarely spend time together. John eats most of his evening meals at the pub but still lives with Pauline at the same address. John occasionally gives Pauline money towards the household bills. Pauline and John have decided they will not separate until their children have grown up.

Pauline and John should make a joint claim as they are still married, and not legally or permanently separated.

RedHelenB Thu 14-Feb-13 13:03:47

They will have to stop the claim if they decide she isn't entitled to tax credits as a single parent.

morethanpotatoprints Thu 14-Feb-13 12:59:59

I don't know much about your circumstance, but I know about over payment as my dh is self employed and we were paid about 4k too much at one time.

Ok if it is a large amount and you can afford it they can and will take 40% off your monthly payment. This is the max they are allowed to take. If you can't afford the 40% they look at your existing finance and work out how much you will pay back.
Don't worry, they won't expect you to pay it all back at once and won't stop your existing claim.

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