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Original poster

Tax credits overpayment problem

10 replies

Talulaley · 19/02/2016 21:49

Before I separated from my husband we received a letter from hmrc saying they had over paid child tax credits and we had to pay it back. My husband was out of work and we couldn't afford.

Now we've split up. I'm currently written off sick due to depression and anxiety and put in a new claim for tax credits in my name. They now want me to pay back the overpayment Sad

I don't know how they managed to over pay by so much, my husband must have given completely wrong estimates. They don't have his new address, so haven't asked him to pay them back, although he is working and earning.

I have no money to pay them back with. I'm struggling to make ends meet as it is.

Has anyone been in a similar situation? What will they do? I presume they're going to take my current payments away which will really hurt.

OP posts:
chillycurtains · 19/02/2016 21:53

I would write to them and ask for the overpayment claim to be halved so you only owe half the amount as you claimed as a joint claim so you sound only be liable for half. I doubt you will get better than that. Can you supply your exDH's new address in the letter?

Original poster
Talulaley · 19/02/2016 22:56

I could give them his address, it seems a bit unfair to him, but on the other hand I can't pay it. I don't have even half of it, so I can't pay it Sad

OP posts:
hownottofuckup · 19/02/2016 23:01

Why does it seem unfair for him go pay half of what he has received?
They might just take it out of your payments as it's easier. I'm suddenly paying back £50 a week apparently owed from this year. No idea how they decided this as I have earnt less so far, and they gave me no notice. Luckily I really like beans Wink
Ring them and ask.

Original poster
Talulaley · 20/02/2016 03:39

I feel like I should discuss it with him first. I know he won't want me to give them his address.

OP posts:
Iamnotloobrushphobic · 20/02/2016 10:21

You can ask them to reduce your repayments so that you have longer to repay, you can do this under the hardship rules. The chances are they will take the overpayment from your tax credit payments so ask them to take a reduced amount.

Original poster
Talulaley · 22/02/2016 00:46

I've written to them, giving them exh's address and listing my income and expenditure, so they can see I've not a penny to spare.

OP posts:
PrettyBrightFireflies · 22/02/2016 00:52

Even if your ex submitted incorrect figures, the fact that you signed the form makes you liable individually.

When DH and I moved in together, HMRC deducted ftom our payments the overpayment that had been made to DH and his ex when they were together several years previously. She'd been avoiding repaying it and when DP submitted a claim with me, they deducted the outstanding debt from our payments.

Original poster
Talulaley · 22/02/2016 00:54

So even if I have nothing spare they will take it off me?

OP posts:
PrettyBrightFireflies · 22/02/2016 00:58

They don't take all your payment away - they will deduct a repayment amount, and it often runs over several years.
If you can, make an appt with your local Citizens Advice bureau, take all the paperwork with you and they can advise you on how best to resolve this.

Original poster
Talulaley · 22/02/2016 02:01

Thanks. I'll see what they reply to my letter first.

OP posts:
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