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Original poster

High Income Benefit Charge

11 replies

szi123 · 26/12/2023 21:01

I have no communication with my husband (emotional abuse / stonewalling / narc ). Sadly have had to live together for many years (due to various factors) like this.

Found out a few days ago HMRC have opened an inquiry because I have a claim for child benefit under my name and have been receiving monies for; I don't know how long. I haven't spoken to the CB office yet.

I had no idea, as although I do self assessments, I earn over 60K so never even looked into it applying for CB, so of course I never declared receiving any CB on any self asseesments for the last 10 years. HMRC did send a reminder letter last tax year and I asked him if he gets child benefit. He said no, but that he would call them CB and make sure there was no mistake. I stupidly believed him.

Turns out he is claiming under my name and straight into his bank account. I know I am liable as the claim is under my name but caveat is: He earns more than me - so technically he is liable. He does self assessments too. Will HMRC look at his self assessments or is it futile to ask them as I am the claimant ? He gets to keep possibly years of CB for 3 children and I have to repay HMRC, not to mention the fines and interest. Should I appeal ?

If HMRC say I have to pay, do I then have a civil case against him? Although he knows I have found out, he is still refusing to communicate.

OP posts:
Soontobe60 · 26/12/2023 21:04

How is this even possible? HMRC would only be able to pay into an account where the account holder’s name matches the bank details. So unless you and your Dh have the exact same name, he couldn’t have claimed.

SErunner · 26/12/2023 21:07

It's in your name and you're married to him. Presumably you're going to have a hard job proving it wasn't you who applied for it, so on that basis I'd have thought it will be you investigated for benefit fraud regardless of the account it goes into. He can just say that was the arrangement between you both. Explain the situation to them and see if it helps but I wouldn't hold out hope it will.

aroundtheworld247 · 26/12/2023 21:10

I believe whoever is the highest earner is responsible for paying it back, have a look on the gov website, search high income tax benefit charge... extract from the website below

Who pays the tax charge
If your adjusted net income is over £50,000 and so is your partner’s, then whoever has the higher income is responsible for paying the tax charge.
‘Partner’ means someone you’re not permanently separated from who you’re married to, in a civil partnership with or living with as if you were.

Original poster
szi123 · 26/12/2023 21:12

I spoke to HMRC on Friday - bank account does not have to match surname ! So anyone can claim under the mother's name then - he knows my NI number

OP posts:
Hellocatshome · 26/12/2023 21:14

He has committed benefit fraud, you are the victim of benefit fraud. Set everything out in a letter to HMRC and let them deal with it.

RandomQuestionOfTheDay · 26/12/2023 21:14

SErunner · 26/12/2023 21:07

It's in your name and you're married to him. Presumably you're going to have a hard job proving it wasn't you who applied for it, so on that basis I'd have thought it will be you investigated for benefit fraud regardless of the account it goes into. He can just say that was the arrangement between you both. Explain the situation to them and see if it helps but I wouldn't hold out hope it will.

It’s not benefit fraud, you’re allowed to claim it.

It becomes an HMRC issue, and I think on the self assessment form the relevant question is if you are the higher earner of the two. So if he’s the higher earner he repays it not you.

Sounds like an awful living arrangement OP I hope you find a way out.

Hellocatshome · 26/12/2023 21:27

RandomQuestionOfTheDay · 26/12/2023 21:14

It’s not benefit fraud, you’re allowed to claim it.

It becomes an HMRC issue, and I think on the self assessment form the relevant question is if you are the higher earner of the two. So if he’s the higher earner he repays it not you.

Sounds like an awful living arrangement OP I hope you find a way out.

Show quote history

Yes but he is not allowed to submit a claim on her behalf without her knowledge.

RandomQuestionOfTheDay · 26/12/2023 21:35

Hellocatshome · 26/12/2023 21:27

Yes but he is not allowed to submit a claim on her behalf without her knowledge.

Show quote history

The poster I quoted said the OP would be investigated for benefit fraud. Potentially he would be, but not the OP.

dementedpixie · 26/12/2023 21:42

Its the higher earner that's liable so I'd tell hmrc that you arent liable to pay it back.

In a lot of cases the mother claims the child benefit and the father pays it back as they are the higher earner. Its not always the claimant that is liable as it depends who is the highest earner in the household.

dementedpixie · 26/12/2023 21:43

As the claim is falsely in your name I'd contact them and opt out of payment and then the money will stop being paid to him.

dementedpixie · 26/12/2023 21:44

SErunner · 26/12/2023 21:07

It's in your name and you're married to him. Presumably you're going to have a hard job proving it wasn't you who applied for it, so on that basis I'd have thought it will be you investigated for benefit fraud regardless of the account it goes into. He can just say that was the arrangement between you both. Explain the situation to them and see if it helps but I wouldn't hold out hope it will.

Why would she be investigated for benefit fraud? You are allowed to claim CB even if you're a higher earner

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