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Tax credit check letter

194 replies

Jellybeans24 · 14/01/2020 13:52

Hi I recently got a letter about my tax credits saying they are checking my claim and they want information from April 2019 to July 2019 Basically they have asked if me kids dad is living at my property and they named him on the letter he doesn’t live with me but sometimes sleeps over we had our 2nd child together last year we just don’t get on when we live together hence why we live apart

I pay all my bills etc so everything is in my name but he does get letters sent to my address as his mam opens his letters when they go to hers even thought she shouldn’t. But I’ve got all my proof that he doesn’t live he but I’m only worried because they have asked for bank statements but we always transfer each other money he does give me money for the kids but he isn’t the best with money so he gives me money to keep for him then I put it in my savers and transfer it back to him when he needs it.

Do I tell hmrc all this and will they understand or will they stop my tax credits?

OP posts:
Jellybeans2224 · 19/01/2020 18:46

No apparently about it clearly shows where I transfer the same amounts back to him

Todaythiscouldbe · 19/01/2020 19:54

That shows a financial connection. Which is why I was asking.

Babyroobs · 19/01/2020 20:14

I don't really care if a bunch of strangers on the internet think I'm in the wrong job. Like I said earlier the vast majority of my clients are very seriously ill and I help them to access benefits at a difficult time. I'm good at my job and enjoy it. The vast majority of the people I help are not abusing the system. Those that ask me outright how they can hide things from the DWP or not declare hidden money or houses in other countries, or can they transfer savings to other family members so they can still access benefits - well yes they irritate me because I believe the system should be there for those who genuinely need the help. I don't engage in helping people to commit fraud for obvious reasons. I see so many people who are in very difficult situations and have to fight to be awarded the disability benefits they need that I guess when others are trying to defraud, it just seems even worse.

CreekIsRising · 19/01/2020 20:39

Pretty sure babyroobs doesn't do anything to compromise the quality of advice she gives people, given that she hasn't even on here where nobody knows who anyone else is, but yes it's actually ok when even working with vulnerable groups to feel a personal sense of frustration sometimes. And it's perfectly possible to do that and remain professionally effective - arguably, more so than if you spend your working life empathising like crazy over what you perceive to be an endless stream of victims.

PencilsInSpace · 20/01/2020 00:45

You just need to let people know where they stand regarding the law and benefit rules, that's all. There's no need to either divide people into deserving and undeserving poor, or to 'empathise like crazy'. You can stay very detached and still give accurate non-judgmental advice.

Dontdisturbmenow · 20/01/2020 06:55

My understanding is that it's not just about financial connection but establishing a relationship 'as husband and wife'. Lack of financial connection is not enough. My OH and I have no financial connection. We have separate accounts, each pay separate bills, and I'm not on the house deeds, not is he on mine. Does this mean that if he went and slept at his mum during the week, and just come to the house over the week-end I could claim single benefits? Of course not!

It's a case of looking at the whole picture and establishing whether they are a couple as defined by dwp. If there were living together before, have children together despite being supposedly separated, the fact that he transfers money into her account, even if it is repaid (ie. supporting her until OP gets paid), not paying any maintenance and OP not interested in chasing it, spending quite a bit of time at her house, going on holiday together, family events etc....

As said, my neighbour got done in the same circumstances. It did take years though, but they were able to evidence that they were definitely acting as husband and wife. I know this because they came to ask us if we thought they were a couple, and I had to be honest and said that yes, we perceived them as a committed couple.

Babyroobs, you obviously work for them, but not sure at which level. If what you say is true, and it is that simple to claim single benefits, then it is not surprised that fraud is supposedly so low, because what is clearly FRAUD is not called so.

adviceneededon · 20/01/2020 09:42

I'd be interested to see how this turns out. Lots of different views. I still don't understand how the OP is entitled to claim. Like I said previously, my partner and I have no financial connections. All that he puts into the "pot" is cash. My children aren't his. I pay for all childcare, school trips, clothing etc. Over the last 8 weeks he has stayed here two nights due to working away. But we ARE a couple. He owns his own home which a family member lives in, and when he's home he goes to the house to collect his mail. Nothing ties him to my house. But I was told I couldn't claim as I'm in a partnership, and everyone around us would consider us a couple. How am I any different to the OP, who does have children with her partner? The system sounds so complicated.

Jellybeans2224 · 20/01/2020 10:01

Completely different situation to mine. And I have just got a phone call this morning just to say all the details I have sent in are fine and my claim is staying the way it is. So what I’m doing isn’t fraud at all it’s fine to do. If it wasn’t she would of stopped my claim and I would of had to pay the money back. We arnt financially linked because he doesn’t contribute to any of my bills or rent and he doesn’t live at my address. yes he gives me money for the kids but as previously said that doesn’t matter in the tax credit situation because it’s not an income.

Todaythiscouldbe · 20/01/2020 10:15

Well I hope you're well on the radar now. You are a couple, in a committed relationship, with children together. You are technically doing everything right to be classed as single but they know you're actually not single as well as you do. As I've said before this is a loophole that needs to be closed as soon as possible.

adviceneededon · 20/01/2020 10:22

@Todaythiscouldbe I hope so too. The op is, whether they agree or not, in a very similar situation to myself. And they're more tied than I am due to having children together. Yet they claim, and I don't. It's a very unfair loophole which is clear exploitation of the system.

Jellybeans2224 · 20/01/2020 10:35

I don’t pay for childcare and I don’t get it paid for me either my mum looks after the baby while I’m at work part time and my eldest is in full time school. It is two completely different situations. Just because nothing ties your partner to your address even though he works away he still technically lives there when he is renting his house out. It is a massive difference mine lives with his mam. For tax credit purposes it says it would be a joint claim or nothing at all if your partner works away but still lives in your house when he comes back

Jellybeans2224 · 20/01/2020 10:38

Like I’ve said before we don’t live with each other for certain reasons that I’m not going into I don’t need the rest of my life being judged but I’d love nothing more than to not have to claim and live together because it would be a hell of a lot easier for me. But that’s not the case and the way things are at this moment in time I can’t see it being the case for a while but it’s my life and I do the best I can in the situation I’m in.

PencilsInSpace · 20/01/2020 10:38

Fantastic news OP.

This area of benefit rules is complicated because relationships are complicated. For those hoping this a 'loophole' waiting to be closed, I really do recommend you read this page, including all the links to the relevant sections of HMRC Compliance Manual:

revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/

Then maybe have a read through all the relevant case law that built up over the last 16 years:

revenuebenefits.org.uk/tax-credits/legislation/case-law/upper-tribunal-decisons/upper-tribunal-decisions-by-topic/#couples_undeclared_partner

TheGreatEscapeForever · 20/01/2020 11:22

@adviceneededon I'd say you are entitled to claim if he doesn't contribute to anything and they are not his kids. One advisor will tell you one thing and the other something else..really confusing

TheGreatEscapeForever · 20/01/2020 11:24

@Jellybeans24 brilliant news. You can now get on with your life knowing you are doing nothing wrong. Ignore the other posts.

adviceneededon · 20/01/2020 11:44

@TheGreatEscapeForever I've been through it all with them and it was a no to any entitlement due to being considered a couple by other people. He literally lives out of bags due to working away, but that made no difference. If he's less than 50 miles away, I will drive to him and exchange clean clothes with him before he heads off again. Tbh I probably earn more than the threshold anyway now (it's been many years since I was on TC), but I was just curious how people work the system. Before I met my partner I received £400 Tc which enabled me to work (albeit for very little profit). He now gives me that £400 in case to help towards household bills, it's just done in cash not electronically.

Narcheska · 20/01/2020 12:17

So the lesson we've learnt from this thread is best thing we can all do is get our partners to change their electric roll to their mums and say they live there but occasionally stay over with us and carry on being a. Couple even producing kids together and we can claim we're single parents and get benefits as if we're single. As long as the bills come out of our accounts there is no financial like so it's all aboveboard Wink

Simples

TheGreatEscapeForever · 20/01/2020 14:42

The thing is, to get tax credits op mustn't be earning a lot at work and so it is not like she is rolling in money. @adviceneededon if you earn to much to apply for tax credits then it's a totally different situation.

adviceneededon · 20/01/2020 15:13

@TheGreatEscapeForever I said I probably do now, but at the time I was having the same discussions with HMRC as OP is, I certainly wasn't.

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