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Original poster

Tax Credits Nightmare

34 replies

poppapole1 · 13/10/2018 21:43

Il keep this brief. I own my own house outright in my own name, I have 4 children by my ex husband. My partner moved in Jan 2016, financially we have always been completely separate. I look after my children with either my own money, the money my ex gives me or working tax credits. Around 6 months ago I had a letter off DWP stating I hadnt declared that my partner and I were living as a couple. I have filled out various forms and also seen the CAB. The last ive had off HM Revenue and customs is an Mandatory Reconsideration letter which they have not changed their minds. The house and bills and everything is in my name and comes out my bank account. Is it worth seeking legal advice for this? They want the entire amount back sub £20k. On the phone when I speak to them they say the claim has gone to the Offsetting Notional Department. Please help!

OP posts:
Armchairanarchist · 13/10/2018 21:47

If he's moved in you dont get to decide that you're financially separate. It doesn't work like that. His earnings must be taken into consideration and you will owe the full amount.

Whatshouldmynamebe321 · 13/10/2018 21:48

It's my understanding that if a new partner moves in their income is also calculated and tax credits adjusted accordingly.

So I wouldn't have thought you will have much chance. All their statements say notify them immediately of change to circumstances.

buscaution · 13/10/2018 21:49

Is it worth seeking legal advice for this?

I would. You have committed benefit fraud. You need legal advice ASAP.

DragonMamma · 13/10/2018 21:50

My understanding is also that regardless of house-owning status that as soon as a partner moves in, you are no longer classed as a single parent.

Presumably your DP helps with bills, food etc. so I can see why this would be.

DragonMamma · 13/10/2018 21:52

I should say, even though it comes out of your account, you must be getting him to pay towards things.

Council tax, for example. You would have been entitled to a single persons discount but hopefully you update the council when he moved in and he’s paying his share.

MinecraftHolmes · 13/10/2018 21:52

Yeah legal advice. If you live in the same house you’re treated as a household for benefits purposes.

Yonijust · 13/10/2018 21:52

It will be seen as dual income.

Original poster
poppapole1 · 13/10/2018 21:53

What is the Offsetting Notional Department and would they recalculate my claim based on a 2 people claim as opposed to a single claim.

OP posts:
Original poster
poppapole1 · 13/10/2018 21:54

Also to add, I phoned them and asked them for advice when I he moved in , they advised me that I was in the correct claim as I had no joint finances together. They record all the calls. I have asked them to access this information which they have ignored.

OP posts:
Sugarhunnyicedtea · 13/10/2018 21:55

You definitely need legal advice. You can't choose to be financially separate from your partner, unless you're separated which you're clearly not.
I pay for everything for me and my son, my oh supports himself, we're still considered a couple financially

Sugarhunnyicedtea · 13/10/2018 21:56

Just seen your update. Does your partner buy food, pay bills or contribute in any other way?

Whatshouldmynamebe321 · 13/10/2018 21:57

Yes that's what they would have done if you had notified them at time of change.
Hopefully for your sake that is what they are calculating.
But if you both work fulltime and earn over 60k between you you won't have been entitled to anything.

donajimena · 13/10/2018 21:57

Oh my goodness. Yes you do need legal advice. This isn't going to go well. You need to be completely honest and own up. State exactly when he moved in. State that you were unaware (were you?) of the procedures. It won't wash but you hopefully will be treated favourably for confessing.
Hopefully you can repay quickly too.

Whatshouldmynamebe321 · 13/10/2018 21:58

Ah so with your last post...hopefully you have a leg to stand on.. they've made the error it seems.

Fairylea · 13/10/2018 21:58

If you live together they will expect you to share your income. I don’t think you have a leg to stand on being honest.

When my ex and I were divorcing and still living together they let me sign on as a single claim but they sent someone round to see that he was packing up and living in the spare room, ie it was an arrangement that was coming to an end and he was moving out.

BlackFingers · 13/10/2018 21:59

You can read about notional offsetting here:

www.litrg.org.uk/tax-guides/tax-credits-and-benefits/tax-credits/what-can-i-do-if-i-have-overpayment

As I read it, HMRC will work out what your entitlement to tax credits would have been once your partner moved in, and this will be used to offset any overpayment they have made. Are you able to calculate what your tax credit entitlement would have been after your partner moved in? There is a tax credits calculator on the gov.uk site.

Original poster
poppapole1 · 13/10/2018 22:00

partner gives me money per month.
I called and spoke to them when he moved in and advised them that he was moving in, they stated on the phone that i was in the Correct Claim. How can I access these phone records or make them access them? I wasnt trying to be dodgy, I called them and told them, they advised me that I was in the correct claim.

OP posts:
Armchairanarchist · 13/10/2018 22:01

A lodger can move in with no financial links, not a partner! The state is then subsidising his life.

Original poster
poppapole1 · 13/10/2018 22:01

Can anyone advise on Notional Offsetting, would they redo my claim as a joint couple?

OP posts:
Fairylea · 13/10/2018 22:01

If he gives you money each month they will see you as sharing income.

Sugarhunnyicedtea · 13/10/2018 22:02

Your partner gives you money, so presumably you declared that as income?

You can do a data subject access request -but if the records don't exist you can't get them.

donajimena · 13/10/2018 22:02

You should submit a joint claim if a partner moves in.

Armchairanarchist · 13/10/2018 22:03

This is mad. Now you're saying you are financially linked, 'partner gives me money per month.'

VioletPickles · 13/10/2018 22:10

Oh dear, how stressful. I'm surprised they said you could still have a single claim, if you told them your boyfriend was moving in? As soon as my dp moved in, I rang and they changed the claim. If they said that, they have made a huge error. There's a claim form you can get I think, to dispute it.

anniehm · 13/10/2018 22:15

If you live together as a couple then they consider your income as joint - you don't get to decide this, it's the law.

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