Tax Credits - Test for 'Moving In' ?

chickadee

I got married on 20th June and called the Tax Credits people today to inform them of the change, as I am obliged to do. The chap on the phone asked when my partner 'moved in' as the date of the marriage is irrelevant to them, but the date he 'moved in' is the date they need as then they will end my individual claim and we will claim as a couple from that date.

The complication is the my husband works away. He has a house near to his work, keeps his clothes there, has his mail sent there, and comes up to see me at weekends, or I go to see him. I am confused as to how this works in the eyes of the Tax Credits people. I thought that the date of our marriage would be the cut-off for my individual claim, but it seems that things aren't that simple.

We had claimed as a couple until he went away, then I claimed as an individual. I wanted to end the individual claim but now they say that the date of our marriage isn't important.

I'm confused as to what they see as 'moving in' as the chap kept asking me when he 'moved in' but he hasn't - our living arrangements are still the same, we live separately. Can anyone shed any guidance on what tests they apply to decide on whether he has moved in or not?

Thanks for your help.

dmg24

HMRC will look at many things when assessing whether you should be making a joint claim, such as whether your finances are joint or not (joint bank accounts, contributions to each of the houses etc).

If your situation as a couple has not changed since he 'went away', then it is likely that you should never have changed your claim.

Zara33

chickadee wrote: »

I got married on 20th June and called the Tax Credits people today to inform them of the change, as I am obliged to do. The chap on the phone asked when my partner 'moved in' as the date of the marriage is irrelevant to them, but the date he 'moved in' is the date they need as then they will end my individual claim and we will claim as a couple from that date.

The complication is the my husband works away. He has a house near to his work, keeps his clothes there, has his mail sent there, and comes up to see me at weekends, or I go to see him. I am confused as to how this works in the eyes of the Tax Credits people. I thought that the date of our marriage would be the cut-off for my individual claim, but it seems that things aren't that simple.

We had claimed as a couple until he went away, then I claimed as an individual. I wanted to end the individual claim but now they say that the date of our marriage isn't important.

I'm confused as to what they see as 'moving in' as the chap kept asking me when he 'moved in' but he hasn't - our living arrangements are still the same, we live separately. Can anyone shed any guidance on what tests they apply to decide on whether he has moved in or not?

Thanks for your help.

For couples who are temporarily apart

You should still make a joint claim if:

• your partner is away from home for a while, for example they may be working away or in hospital
• you and your partner have separated for a short time but you're going to get back together

If you're not sure if you should make a single or joint claim you can call the Tax Credit Helpline on Tel 0845 300 3900.
http://www.hmrc.gov.uk/taxcredits/start/claiming/get-started/joint-single-claim.htm

AsknAnswer

I'm afraid that when your husband began to work away, you should not have changed to a single claim. You live seperately whilst he works away but aren't seperated for tax credit purposes.

chickadee

Thanks all for your replies. It is really complicated isn't it? I appreciate that the answer isn't necessarily to my liking, but I honestly haven't tried to make a fraudulent claim. The questions they ask about 'living together' are the main issue, since we don't actually live together.

I have spoken to a second Tax Credit advisor this evening, who was much more helpful, but he still implied that I had been deliberately evasive when I informed them of our change in circumstances. This simply isn't true, I would never do this deliberately. I answered the questions honestly.

They are very invasive though aren't they. The guy tonight asked if we had fallen out when he moved away!!! I feel like I just want to stop my claim altogether, just so I don't have to answer questions about my personal life.

Oh well, I'll await their decision.

AsknAnswer

How did you inform them of your change in circumstances? Was it in writing or over the telephone? You could submit a subject access request for this. Whether you are required to repay any overpayment would rely heavily on what was said during the change of circumstances report to determine whether it was their error or your error.

chickadee

AsknAnswer wrote: »

How did you inform them of your change in circumstances? Was it in writing or over the telephone? You could submit a subject access request for this. Whether you are required to repay any overpayment would rely heavily on what was said during the change of circumstances report to determine whether it was their error or your error.

I informed them over the telephone. It was quite a while ago though. I remember taking the time to explain it in some detail as I was unsure about the circumstances. Is a 'subject access request' where they actually find the telephone conversation and use it as evidence?

If I am found to have been wrong and should have continued to claim as a couple, will I just have to repay any overpayment or will it be classed as fraud? Although repayment will be a problem, a criminal record will be a nightmare!

AsknAnswer

Yes, but you must ask for copies of call records. They'll come to you in CD format. If you don't specifically ask for them, all you will get is computer screen print outs. Ask for everything. Computer records, manual records and call records. The fee for this is £10.

You'll likely just have to repay the overpayment if nothing like this has happened before but no-one can say for certain. It depends on what their view is and te level of funds involved.