Tax Credits Nightmare

[poppapole1]

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!

The thing is...

Your claim would have been correct for that financial year- I.e you could have continued the rest of the year as a single claimant BUT you would have been overpaid for part of it, and would be expected to “pay it back” through reduced TCs the following year.

When your TC we’re due for renewal you
Should have THEN claimed as a couple.

Firstly put in an appeal. Secondly do a data subject request for all of the notes and other data they hold on your file from a year prior to your partner moving in and onwards to present. See if there is any evidence of the call you made. All calls are recorded and they will provide everything they have on you. If there is no evidence you will have to repay the money. Painful though that will be. If the phone recording is there, continue with the appeal on the basis you relied on the information you were given, and you were entitled to rely on that information. Hope this helps.

If you want them to try and access the recorded phone call, have you been able to tell them the date and time of the call as I doubt the recordings will be linked to each person?

It's highly unlikely they said things the way you've interpreted it. I fell to believe that anyone would believe that they live with someone earning, getting them to pay for bills and still think they could claim as a single person. Didnt you think OP that that's what everyone would do otherwise?

You will need to repay it and be grateful that they have decided not to prosecute you.

When you have received claim packs/renewals, presumably it states on there you are a single claimant?

It is your responsibility to check all information is correct and to inform tax credits of any errors (having only you on the form and not your partner who lives there would be an error).

If you have failed to calle tax credits to notify them of an error on paperwork then you will be liable.

It sounds like you called them initially and informed them (if you can prove this via call transcripts) then you may not be liable from this period until you receive any paperwork, as you have informed them of a change and they have failed to act on it.

However, once they send you paperwork, it is your responsibility to check all the information on there is correct.

You need to make a timeline,
So partner moved in 01.01.2016
Called tax credits 02.01.2016 to inform them of a change in circumstances. No action taken by tax credits.

01.04.2016 received renewals pack, states me as a single claimant, with 4 DC, earning X amount. Failed to inform tax credits that this was incorrect.

So from Jan-April you may be able to not pack pack if you can prove overpayments were their error but once you receive any paperwork from them, it is your responsibility to check all information on there is correct.

You should have made a joint claim immediately, to not do that ids fraud and they tell you this on letters time and time again. You will have a big payment. Tax credits are reasonable in that they don't take Cm into account despite it being money coming into your household it does not affect your claim.

The phone calls are linked to the claim providing the operative accessed the correct claims they will be able to retrieve them.

I find it hard to believe you genuinely didn't realise you were commuting benefit fraud. Be grateful it was tax credits and not housing benefit because they do prosecute!

How did the interview go OP ?