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.

Nope I think its benefit fraud but nothing to do with your partner.
He can prove he was living elsewhere so that can clear up everything with tax credits but where I think she is trying to shift this onto him is she may well have claimed as single and not informed tax credits when her partner moved in.
Nothing to do with your partner.

Surely new partner should be on the claim then rather than your dp then?

Well hang on a minute. If she's moved her new partner in why is she claiming as a single person? Surely she'd have to have your DP's financial information (annual earnings/company benefits) in order to make a claim in his name anyway? How does she know things like his tax codes and national insurance number? I can only just remember ex's birthday

Hang on. So she had another man living in the house? Then she needs to tell him he needs to pay half this then. He was benefitting from this claim.

When I got investigated as I had another person living here apparently, and lots of threats about having to pay overpayment back. Easy enough to photocopy everything and send them copies.

Mine was because a friend had used my address as a care of type thing when mail was going missing in a shared house. Evidence showed we weren't linked and they had their own place. Case closed.

so if shes claiming as single whilst new partner is there, its him and her that should be paying it back, nothing at all to do with your DP

Or she's not declared the new partner.

pixie op's dp cant be on the claim - its addressed only to ex. I am sure when we got tax credits that everything was addressed to both of us as it was a joint claim.

@itchybumhole

But if HMRC know about the loan application, then they are taking the repayments right back to when he first left and made that application to buy a car.

She will be in trouble for the last 2 years, but the first year she was telling the truth so your partner needs to sort that part out. Leave the rest to her.

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.

Because hmrc investigate these things.

I get wtc and had a letter from them that they thought I was claiming fraudulently as a single parent.

When I called them they had the name of ‘my partner’ and said he had an paypal account registered at my address.

Turned out to be the previous occupant who hadn’t switched it over.

If she made the claim as a single parent, then it wasn't a joint claim. f she didn't update HMRC when he moved out, then it was her fault, although you say she only started claiming after he moved out, therefore it must have been a single claim.

Did she inform HMRC when her new partner moved in? That would have been a joint claim at that point, with that partner.

The loan has nothing to do with the tax credits. If he has changed his address since, then there would not be a financial association with that address, or with his XH, as long as the loan was not made in joint names.

If HMRC say that he was living there because of the loan, then all he needs to do is prove that he wasn't. I had a similar problem and had to prove to HMRC that I had divorced XH and that he had moved out months earlier.

If WTC were after him, then they would have also written to him, if he was on the claim. A generic letter would say "IF you claimed as a couple", it doesn't mean that she did.

But yes, he really needs to speak to HMRC WTC office to see if his name has been registered on any claims for WTC.

I think she has done something wrong, not your DP. If HMRC confirm that the WTC is nothing to do with him, then his XW can do one.

When he applied for a car loan he would have had to provide recent bills to prove the address, how did he if he wasn't there?
Maybe she continued to claim as a lp when her new dp moved in?

Can someone explain to me the difference between child tax credits and just tax credits? Can an unemployed person claim either?

space but do HMRC actually know that, or is ex just telling him they do so he coughs up?

Benefit fraud I would tell her to fuck herself and deal with this shit herself. Not my problem, and if pushed I will tell HMRC that she had a man living there and who he is.
It's probably not the loan that was flagged. Would be things like any of her new man's mail, and even work address, stuff within the past couple of years.

Actually, yea get him to contact them. They will have a name of this person on file. She will know this name as well.

think you can claim child tax credits if you're unemployed, obviously wouldn't be able to claim working tax credits. Think you can only claim that if you work over 16hrs a week (please someone correct me if I am wrong!)

The letter says 'tax credits' not 'child tax credits'. Do this is a benefit for an employed person?
This is so confusing.

I honestly think there is no point asking anything on a forum, he needs to contact HMRC, they are the only ones that can give him answers.

@flamingofridays

OP said they want tens of thousands, so that seems likely they want the full 3 years. They will have been investigating her due to her new partner, so will have dug up everything financially linked to her address. If they are asking for all 3 years to be paid back, and their evidence for year 1 is the loan application then at least there she can be defended if cooperates with her.

Personally, I think she's failed to tell HMRC that someone has moved in with her.

HMRC have clearly looked into her single claim. She will have applied on X date as a single person(correctly as she was single).

At some point after this date her ex(OP’s dp) has applied for a loan using her address.

During HMRC investigation this has flagged up and left her with an OP.

She is totally liable for this claim legally, your ex does not legally have to pay a penny. Morally I’d say different.

It is up to the claimant to prove she was in fact single during this period. She can do this by asking for a Mandatory Reconsideration and send proof(bank statement, council tax bill, separation agreement etc etc)

HMRC will have no business discussing it with the OP’s DP and him calling them is a complete waste of time. Their business is with the ex and not him.

Morally he has made it appear she was claiming as a single person when she wasn’t, the fact you say her new dp moved in between those dates is nothing to do with your partner OP

there should be a breakdown, usually not on the first page of what amount is for what, so if you got working tax, and child tax there would be an amount for each.

if she's not working it will be child tax credits

My award letter only mentioned the specific tax credits. Anything else I think just mentions Tax credits.

But if it's working tax credits she would have needed details from his P60 for the renewal.

The loan is kind of irrelevant as HMRC have clearly being viewing her as a single person claim not a couple.
Is the letter addressed to her and her only? Yes.
That being the case, she is the only one liable.
If HMRC wanted money from him, they needed to ask him.
I wouldnt even bother ringing HMRC. This is none of his business. He is about as liable for paying this money back as I am.

Morally I’d say different

why? if he tells them he didn't live there, they will adjust what she has to pay back, so she's not paying the money back for when she really was a single claimant, she'll just pay back the money she shouldn't have been getting when the partner moved in,

why should op's dp contribute financially?!

It's definitely not child tax credits according to the screenshot of the letter.
He's on the phone to HRMC apparently, in a queue.
He says she sells MLM skincare products on eBay. So that's employment?