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.

How can he be morally liable?
A car loan he can provide evidence that he lived elsewhere.
That's like saying when my address was used as a care of, the person was morally liable. No, a few bits of paper showed this person had nothing to be liable for.

HMRC will not be able to discuss the XW's situation with DP, but they will be able to clarify if he has a WTC in the system, or if he has been sent any debt letters.

Maybe she will set up a gofundme page??!!
*the exw not you op!!
She is a cf though!!

The Tax credits (whatever type they were, it's really not relevant), will have been paid in to HER bank account. Therefore, she is the one who received the money, and if she was given too much, SHE needs to repay it.

Please tell me that he removed his name from any joint accounts when they split up??!!

If she is set up as self employed on a MLM, then she can claim working tax credits. But this is one area where HMRC are clamping down and people will have to prove that they are actually running a proper business, not selling a few bits on ebay.

@itchybumhole

The reward letter usually say "here is you tax credits reward for X year" and then loads of info and then on the back pages you get the breakdowns of working tax credits and child tax credit.
If it just says "tax credits" then it's one or both; the breakdown would be detailed later in the information pack. But it really doesn't make any difference. They are made in the same claim so it doesn't change anything.

it is employment, but she may not qualify for WTC I am not sure how it works when you're self employed, and she might not be declaring she's doing that either?

how do you know its not child tax credits?

She sells on eBay just to top herself up from what I understand. I don't know if it could be classed as employment?

Ah, sorry. I'm drawing my own conclusions again. 🙈 It says tax credits, not child tax credits. I thought it would specify.

well it depends if she's declaring it......

You can earn up for £1000 (or something) a year without declaring. That's to cover people who sell on kids clothes or whatever and make a small profit. But she's doing it as proper e-commerce so she'd need to register as self employed. She won't ever pay tax as it's unlikely she will earn above her personal allowance but she'd pay N.I so would be entitled to a state pension and working tax credits.

I’d say morally because he’s knowingly used an address he wasn’t living at.

If my ex partner applied for a loan at my address today it would have an impact on me. A huge impact. Had he asked her and she gave permission then fair enough, but he didn’t.

He was at his parents and made a conscious decision to NOT use their address for whatever reason.

HMRC will not speak to him at all, he could provide proof of his address elsewhere, and explain in writing about the loan but SHE must provide this to HMRC. Not him, they quite rightly will not discuss it with him

Don't take any notice of the mixed advice here, just be patient and see what HMRC say. Fingers crossed it's simple.

I’d say morally because he’s knowingly used an address he wasn’t living at.

but he hasn't caused an overpayment, I think he should tell them the situation and they wont make her pay anything back for the period of time that she really was single.

he didn't have any part in what was actually over paid.

I hope she's declared she's selling on eBay as well, once they start looking they look under every stone.

He's just going to drive home quick to see if he has a letter from HRMC waiting.
They wouldn't discuss it with him on the phone, so I'm thinking he's not implicated?

The best advice is to just call HMRC and be absolutely accurate and truthful about where your husband was living and what he was paying for. They'll be able to help him sort it out.

It sounds like she's done the wrong thing and is now trying to implicate him.

I would presume that he isn't implicated. If he had been issued a letter by HMRC, then they WOULD be able to discuss it with him, as he would be on the claim and would be part of the debt recovery.

he's not implicated, like a pp said its up to her to prove she was single, when she really was.

Sorry, have just seen this is exactly what he is doing! Hope you get it sorted!

.

She did ask him weeks ago if he would sign a letter if she drew it up. She told him she was being investigated for benefit fraud and it was all his fault because of the loan debacle. He said he wouldn't sign anything that wasn't the truth

What does this mean. Op? Did he sign something?

This could be anything, either they think he is still living there, and he still has the loan against that adress and she's then been fraudulent, or it's nothing to do with him and it's because she's been claiming with the new guy there..

Oh, ok, he wouldn't sign anything that was erroneous. I get it, I read it as he said he wouldn't sign anything and that was a lie.

He needs to speak to her and find out what the loan has done.

If the loan has made hmrc decide that at that period she wasn’t single then he should provide her with docs that she can give hmrc to sort it.

Probably she’s been busted living with her partner then as they’ve gone back they’ve thought she wasn’t single at that point either due to the loan.

flamingo he has contributed to HMRC thinking she has been dishonest. Thus causing HMRC to send her a bill.
OP just said she’s asked him to sign a letter to counteract this?

The onus is completely on her to prove she was sniffle for those periods but he should assist with this by providing HER with evidence he was at his parents home.