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Original poster

UC taking tax credits overpayment issue

26 replies

DWPmisery1972 · 23/01/2021 04:30

I’ll keep it brief- my husband and I are estranged, have been split for well over a year now. When we were together, our tax credits claim was in both our names but went into his account, but when we split he failed to cancel the claim (he had the passwords and online account details - he was financially abusive, I won’t go into that).

Anyway fast forward to now, he’s up on a charge of assault against me, I’m working towards getting a divorce, and today I check my universal credit payment and lo and behold, I’m being docked £102 for tax credit overpayment. He told me he paid it back when he received it, so he lied. And now because I’m the one still claimIng state benefits, I’m the one that’s being sanctioned. What do I do? I am absolutely furious, I feel so stuck and angry, and he’s taking food out of his kids mouths. ARGH!

OP posts:

Original poster

DWPmisery1972 · 23/01/2021 10:41

Bumping for the morning crowd

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freezedriedromance · 23/01/2021 10:45

All other issues aside, it was a joint claim so you could have phoned up and let them know yourself.

Poppyseeds2 · 23/01/2021 10:48

Did you not get a letter saying you had been over paid OP? You usually get a couple and when I had similar problem it took quite a while for any deductions.

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Benefits Relationship problems

cannaethink · 23/01/2021 11:48

I had similar and they sent us both loads of letters with varying amounts before finally deciding what each of us owed. He may have paid his but this is your half?

Original poster

DWPmisery1972 · 23/01/2021 11:54

I never got any letters; stupidly I believed him when he said he paid back the over payment between dec-April 2020

Probably shouldn’t have drip fed but he was financially and physically abusive so At the time I had other things to deal with- stupidly took his word for it. My fault. I’ve contacted my father in law and he says that his son (my ex) is going to pay it back... we’ll see.

I have a non molestation order against my ex and he has limited contact with our children and obviously tensions are high. Covid hit during the time I was dealing with police and social services and everything else. Like I say I never received a bill to my address; I just took my ex’s word that he had paid it back. Yes it was stupid of me. Oh well. A bit of support rather than judgment wouldn’t go amiss.

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Original poster

DWPmisery1972 · 23/01/2021 11:56

Because he dealt with all the finances (because I wasn’t allowed to know), I never even knew what we received. All the money went into his account. If I had received any money from tax credits after our split I would have returned it. Like I say, he just put my name on there because it was a ‘joint’ claim (despite me never actually seeing the money).

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ageingdisgracefully · 23/01/2021 11:57

My understanding is that any tax credit overpayment should be challenged and resolved before a claim for UC is made otherwise hmrc will inform UC at the point of the new UC claim that there is an overpayment and this will then be deducted from the UC payment. You will not be informed of this.

Original poster

DWPmisery1972 · 23/01/2021 11:58

I’ve gone through my stack of letters that have been sent to me since our split and the only thing I have from tax credits is the ‘what you’re owed’ letter. No bills for overpayments.

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Original poster

DWPmisery1972 · 23/01/2021 12:01

ageing I started claiming UC in Feb ‘20 as we split in jan ‘20 and he refused to have our children so I could keep my job so I had to start claiming so we could eat an pay bills- now suddenly they’ve decided this month to take money from me that I never even received. Anyway I’ve contacted his side of the family and told them that he’s lied about paying it back and he needs to sort it. Also contacted NDVH to get advice because this is just more financial abuse from him- he did it for 5 years while we were married and is still doing it now despite us being separated for a year. Arsehole.

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CiderJolly · 23/01/2021 12:01

Go back to tax credits and say you want to challenge the overpayment. Citizens advice can probably support you in doing so.

Original poster

DWPmisery1972 · 23/01/2021 12:03

Sorry for any grammar/spelling mishaps, I’m a bit upset and angry that this moron is still taking me for a ride a year on. I just want this hell to end.

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Original poster

DWPmisery1972 · 23/01/2021 12:03

Thanks Cider I will do that excellent idea!

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ageingdisgracefully · 23/01/2021 12:31

It's worth a challenge, but you'll need some pretty convincing mitigating Circumstances. I think you can do a Mandatory Reconsideration (meaning that they have to look at the decision again) but I wouldn't hold my breath. CAB will be able to help you - it may be worthwhile asking them to act on your behalf using form TC 69. CAB also has an intermediary helpline, which may speed things up a bit.

Original poster

DWPmisery1972 · 23/01/2021 12:43

I’m angry at myself because I was bomarded with police wanting statements, social services, then covid hit and I work in healthcare so obviously everything was extra stressful - I conferred with my ex that he had taken care of it and I’m angry at myself for believing him. I’m disappointed in myself. I’m just really broken down at this point, I just give up man.

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Original poster

DWPmisery1972 · 23/01/2021 12:44

Thank you all for the advice- my father in law says my ex is going to pay it, we shall see. I’m just disappointed for being a gullible idiot. I guess that’s what four years of abuse does to you. Oh well, I’ve learned my lesson the hard way eh.

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ageingdisgracefully · 23/01/2021 13:21

Hmrc are absolute swines to deal with. Good luck.

Original poster

DWPmisery1972 · 23/01/2021 15:40

I’ve contacted the National domestic violence helpline and they got back to me an have given me some organisations that may be able to help me if ex tries to duck out of paying- I guess we’ll see if he keeps to his word. He seems to listen to his dad. (A 30 year old man needing his dad to tell him off... )

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FoxyTheFox · 23/01/2021 17:02

You should contact Tax Credits anyway and make sure that you record is marked as a domestic abuse case so that they don't inadvertently give any of your details to your ex.

www.gov.uk/hmrc-internal-manuals/debt-management-and-banking/dmbm555300

You could lodge an appeal against the overpayment on the grounds that you are not responsible for its creation as, due to domestic abuse which included financial abuse, you were not provided access to the Tax Credits claim or any of the details held on it so had no opportunity to correct any misinformation or report any changes. It may also be worth asking your MP to take up the issue, they have dedicated lines into HMRC.

Babyroobs · 23/01/2021 17:28

If it was a joint tax credits overpayment you are both liable to pay half.

Original poster

DWPmisery1972 · 23/01/2021 18:09

Thanks Foxy I will do that

I will reiterate the point, baby, I had no access to the money and was in an abusive relationship that resulted in him trying to murder me by strangling. He was in complete control of the finances, I was not allowed to know what was going on. Yes in hindsight I should have rung the tax credits people but I didnt, and I also don’t think it’s fair for me to have to pay half considering half of the money never went into my bank account.

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Babyroobs · 23/01/2021 18:13

@DWPmisery1972

Thanks Foxy I will do that

Yes do let them know that. Also you should be able to ask UC to reduce the overpayments if it is causing you financial hardship at the moment. They are able to do this.

Original poster

DWPmisery1972 · 23/01/2021 18:20

Thanks baby- it’s just wound me up that I don’t even get a letter warning me. I’ve checked all my paperwork again just to see if I’ve missed anything and I’ve received no bill from tax credits nor a letter to warn me they will be reducing my UC to ‘pay it back’. Very frustrated and gutted.

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Fluffmonkey82 · 23/01/2021 18:27

Sorry to hear of what you have been through, I would advise putting a message in your journal requesting the contact number for the section who deal with Tax Credits overpayments for UC, if you contact HMRC they may just tell you to go back to UC. You can then find out how much the overpayment is and the dates it covers. This information may help with any Mandatory Reconsideration. Good luck.

Original poster

DWPmisery1972 · 23/01/2021 19:01

Thanks fluff I will do that aswell- all these departments and everything... it’s so mind boggling. And I sustained a brain injury during the beating that has affected my ability to digest all these things and it just makes it even harder... I’ll get there eventually! Thank you all for the advice and support it’s much appreciated

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Fluffmonkey82 · 23/01/2021 19:27

I am so sorry to hear this that is terrible. Thinking about it if you have a look at the payment statement in your account it should have the contact number for the team you need to contact about the overpayment. I tried to contact HMRC a wee while ago about an issue with Child Tax Credits and after holding on for ages I just got cut off. My belief is if that the o/p has been passed to UC HMRC will say it is no longer their issue as ridiculous as that is. I think you may need to request a Mandatory Reconsideration through UC but check with your case manager re this.

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