To think she's being a right CF?

[itchybumhole]

A bit of background first, and I'll try my best to give all the relevant information, but as I don't know much about the workings of the system I'm unsure what I need to include.

My partner split with his wife 3 years ago after 13 years together and 7 years of marriage. They have an 11 year old child together. Their marriage ended very acrimoniously after a series of infidelities on her part.
When they separated he immediately moved out of the family home with just his personal belongings and stayed with his parents until he could find a rental place. Since leaving he has paid her child maintenance by private agreement on a weekly basis.

She has today received a letter from HRMC saying she needs to repay tens of thousands of pounds in overpaid tax credits. The tax credits were paid to her during the time that he had left the family home. (He's always worked full time. When he left she went on to benefits. She hasn't worked in 13 years apparently).
The notice says that if she claimed as a couple then both parties must repay, so she called him today and said he's liable for half. His answer was... but how can I be? I have receipts for rent paid to my own house. I didn't benefit from this overpayment so why should I pay half back?
We're both so confused. What does he do now? I've told him to call HRMC but he's still smarting from the phone call from his ex wife. We're these benefits claimed fraudulently? And is he liable to repay half as she insists?
Thank you for any help or advice.

with the loan in his name do they think they were still living together as a couple when he took the loan out?

And the Loan is against the old address?

@itchybumhole

Ok. The info about the loan changes everything. If HMRC know about it then what they have infront of them is a single person benefits claim plus a loan application from that 'single' persons address with her husband's name on it.

What that tells HMRC is that he is still living there, still part of the family, still financially linked to that address... And she pretending to be single to get benefits. So yeah; this is his fault.

They need to get together and call HMRC. They need to ask if there has been a norma overpayment or if they are recalling the money as they suspect a fake claim. If it's the latter, then your partner cause the issue. They need to prove to HMRC that she was single and he needs to help her do that.

Tell him to get a grip and call HMRC.

Sounds like there’s more to this than he’s telling you, that probably explains his reluctance to call them.

Best thing is for him to call HMRC and just ask what she's done, whether any of it is in his name or not. He doesn't need to give them further information apart from referring to her as his ex-wife until he's spoken with a solicitor and/or accountant.

If there is anything linking him to her address hmrc will put 2 and 2 together (and Make 5)

If she was claiming as a single parent at the time he got the loan, they will presume he still lived there and that she was claiming to be single fraudulently.

If this is the case then it’s because of your dp it has happened, it’s his fault, and he should morally help her, whether that’s with money or with letting hmrc know what happened.

Yep, looks like it's his fault for using his former address on the loan application. That suggests to HMRC that he still lived there. He needs to help prove that he didn't live there at the time

So yeah; this is his fault

except its not him that's committed benefit fraud is it?!

It really is very simple. If his name is not on the letter his name is not on the claim.
Whenever I get tax credit letters they are addressed to both of us as we are both on the claim.
She is just trying it on. Tell her no and leave it.
If you really do want piece of mind you can try and get through to the tax credit people good luck with that.

unless she was just claiming as a single parent, they think he lived there, and actually he just needs to prove he didn't and nobody actually did any benefit fraud, and didn't get overpaid at all?

Neither has she. Him taking out a loan on an address that is claiming as a single person has caused the issue

He's at work at the moment, but he says he's calling HRMC after 2pm on his break. He's such a div... I know he needed to get a loan and didn't foresee this happening, but ffs.

Well the loan is an issue because he lied to th lender.

But the whatever he signed for her may well be th bigger issue.

@flamingofridays

She hasn't though. She claimed as a single parent because she is one. He then made a loan application using her address. HMRC know about that loan. So what they think is that he is still living there because he's still using her address.

So what did she do wrong? Nothing. He used her address without permission for a financial application and now HMRC think she lied.

I don't think there was benefit fraud but him taking out a loan on the old address has made it look like he is still there rather than just the singe claimant

space I know, I realised and then posted again like straight away.....

Spacezombies is right:

What is the benefit fraud - if (once he left) she claimed she was single (correctly) and claimed tax credits based on that. HMRC have now found out he took a loan in that address and therefore her claimed was fraudulent - HE needs to get it sorted because it may well be that he is the cause of the source of the fraud.

So yes it looks like he needs to sort it

The loan is nothing to do with it. She claimed as a single person then moved a partner in.

I don't think he did sign anything

@flamingofridays

So yeah; this is his fault

except its not him that's committed benefit fraud is it?!

It looks like no one has committed benefit fraud, his ex has claimed TC as a single parent and because he applied for a car loan using her address, the benefits office think that he is living there and that she is not a single parent. So the question is; did he tell her that he was getting a car loan using her address? and can they prove he wasn't living at the address just using it to get the loan?

@Nousernameforme

OP fudged this is a bit in her first post.

The ex has made a single parent claim. Only her name on the letter. She filled in the application correctly.

Her idiot ex husband then applied for a loan using her address. HMRC know about this. So they have a claim from someone saying they are a single parent and they have proof of a loan application from that person's ex husband at that address. So to HMRC, it looks like she is not single and they want the money back. She is single. He committed fraud on his loan application but that fraud makes it look like the ex wife lied. This is his fault. Not hers.

If the overpayment is in both names then yes he'll have to pay it back. I had the same, some sort of breakdown in the relationship payment for a joint claim. I rang them and they split the repayment in half, I paid my half and every year I get another letter because he still hasn't paid his half.

My ex said the same shit 'i didn't benefit from it so why should I' erm your kids did dickhead

The new partner didn't move in until a year after

To clarify. From the award period dates on the letter, she was claiming as a single parent whilst the new partner was living at her address.

If the HMRC letter is only addressed to her, then it's clearly in her name only.

The loan has NOTHING to do with HMRC. And providing that he is making the repayments, it will make no difference what address he said he was residing at, when he took out the loan. He should now write to the Bank though, and update his address.

I have no idea, why you think the over payment of Tax credits has anything to do with his Loan? They are entirely separate things.