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Tax credit query - joint claim I haven't opened!

11 replies

itsovernow1 · 10/07/2017 17:12

Hi
Hoping I can some - any - advice.

Short story, after 20 yrs my STBX and I are divorcing. 2 kids but one 19 and the other 17 so not little any more. He moved out end Jan this yr, I started a new part time job (now 21 hrs) - first in 10 yrs, at the begin of Jan (still looking for more work as I type). I put in a claim for single tax credits from 1st feb. All OK.

I am now in a quandary about tax credits.

STBX and I still have a joint bank account and mortgage, where he pays the mortgage, debts and some bills from, as I really couldn't afford to, even with the tax credits. I claim tax credits as a single person. I have done the declaration for the time I started claiming until 5th Apr 17.

There is another declaration on there now though, that says a 'joint claim with STBX'. I called an advisor but he couldn't do/see anything (so he told me anyway) and I have to wait until the renewal pack has arrived. I told him I only started claiming once STBX left and I am single (in process of divorce).

Am I screwed with tax credits? Could they think I'm a couple when I'm not? STBX still has some post coming here (which I've told him about and I am sending back now as it's ridiculous, 2 credit cards mainly which he says have been difficult with change of address). He says they have now changed address.

My SOL knew what we were doing financially, I haven't informed anyone else of the financial situation - should I have done? Should I have paid everything but the debts in STBX's name, and had a child maintenance payment from him instead? It would have been more or less the same amount. It really was easier this way as we have numerous bills going out. Seemed simpler this way and my SOL was happy with the way we were doing things. Something tells me they've done checks and because we're financially linked they think we're still a couple. We're definitely not.

Trouble is I don't know what it's about at this stage. Not even the guy from HMRC could tell me... although I don't know if he was just being evasive. I've never put any joint claim in and they knew his name for the 'joint claim' that's showing online. (only shows 'joint claim with STBX', nothing more).

Now I'm wondering if STBX has reported me for benefit fraud. I did piss him off by not giving him my details and if his (female, gay) friend talked to him (long story there!). Yes I am that paranoid. And in a fit of anger people can do things like that, him included.

Stupid thing is, if STBX had paid Child Maintenance instead and I'd paid all the bills the amount would be the same (excl. his debts), just come from my account instead and his payment classed as CM. So I haven't taken any extra money from him here, I don't use the joint account for anything, although I have used it once as I had no money, online wasn't working to transfer any and I needed cash, and he's used it a few times. (but I paid it back within 24 hrs).

We just thought this would be easier as it was all set up and a pain to change (we're talking 9 credits cards and numerous household bills incl mortgage). My current SOL didn't see a problem either - in fact, the 1st SOL I saw didn't see an issue either and said him paying the bills instead of maintenance was OK.

Have we done it all wrong? Am I in trouble?
Has anyone had experience of this?
Thanks for any help.

OP posts:
Babyroobs · 10/07/2017 17:36

It's probably just to finalise the joint claim perhaps? It is important that you separate things financially. I think HMRC allow you to have a joint mortgage for a while but you would certainly need to separate evertything else financially particularly bank accounts and get his name off the bills etc. Tax credits are very strict on this and many a lone parent have had payments stopped whilst they are investigated over an ex's post still coming to their address. You can read HMRC guidelines on this.

Babyroobs · 10/07/2017 17:37

And yes a CM payment specifically itemised on your bank statement as CM is a good idea.

Babyroobs · 10/07/2017 17:40

Sorry just read that you have never had a joint claim. You will just have to wait I guess. I assume on your tax credit paperwork it states that it's a single claim ?

itsovernow1 · 10/07/2017 17:59

Thanks for the replies. Nope, never claimed before at all - single or joint - this is my first time.
Yep, everything I've received (and that's a LOT!) has been single claim so far. This new joint thing appeared in the past few weeks since I last checked it online.

Not sure how I'll convince STBX to sort this out tbh. He can be stubborn. Most of the stuff is still in his name. Like broadband for instance and to change it to mine I'd need to start a whole new account with activation fee (£50!). Sky is still in his name and not sure how that would work. As is the pet insurance. They're the only things left other than mortgage and joint debts. Guess I will have to talk to him.
I have just changed a few things to my bank acct like the TV and phone ones, my car tax will now come from my account and so will my life insurance.

As you say until the paperwork arrives I won't know what it's for. If it was for investigating me surely they'd just ask? I have nothing to hide. Just stupid. This is all new to both of us which is no excuse but that's about it.

OP posts:
Babyroobs · 10/07/2017 19:08

They do give you a while to sort things out but yes I would imagine after 6 months they would expect his name off the bills if he is no longer lives there, you must get it sorted. Even if they were investigating you, it would be unlikely they would add his name to your claim, it's very odd. if they suspected you of fraudulently claiming they would send you a compliance letter and call you in.

Babyroobs · 10/07/2017 19:13

And when you say you are getting a lot of tax credits, you should only be getting child tax credits for the 17 year old unless the older one is still in full time education and some working tax credits.

AnchorDownDeepBreath · 10/07/2017 19:25

They are very likely to see you as a couple given what you've said; if they investigate.

You really need to sever ties financially; he needs to get his post sent elsewhere.

itsovernow1 · 10/07/2017 19:28

Yep, I know we should get it sorted but we're not exactly talking much at the moment. It's complicated! He's checked out so to speak.

Oh no, not a lot of tax credits in money, I meant the paperwork! There's mountains of it! The 17 yr old is the only I get money for and that stops in exactly a yr.

The joint claim thing is strange - it wasn't there before! I will await and panic in the mean time.

I will be talking to my SOL in the next couple of days about other things so will get her advice about changing to child maintenance payments instead, so I can take things over. Trouble is SKY and Plusnet require new accounts completely, which gets more expensive. Guess there's no other way around it, will have to bite the bullet.

The mortgage is something that will have to stay in joint names right now, I can't take that on at the moment, with my wages being too low. But I will find out if I can change the direct debit (must be able to) so I am paying it and we can then close the joint account.
STBX won't take kindly to these comments!

OP posts:
itsovernow1 · 10/07/2017 19:43

I just want this sorted now. Trouble is, STBX won't like it as he'll be worse off if he has to pay child maintenance for the yr until DD is 18. But that's the only way to sort this out.

OP posts:
bimbobaggins · 11/07/2017 09:11

Itsover I was in a similar situation in that my ex continued to be linked to my household as he paid some of the bills instead of a maintenance agreement. This was absolutely fine with tax credits but when I did change everything to my name some things were actually cheaper as it went down as a new customer, sky in particular was much cheaper

itsovernow1 · 11/07/2017 10:56

Thanks. I will be trying to change some things over today. STBX hasn't got a problem with them still being in his name but if it causes problems I'd rather just do it now. Plus I'm actually the one paying them now so it makes more sense. Just have to suck up any activation fees and admin charges!
I just want to know what the 'joint claim' stuff is about. I have nothing to hide but things like this are so 'official' it scares me sh*tless!

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