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letter says i have been overpaid £13,726 !

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Comments

  • nannytone_2
    nannytone_2 Posts: 13,000 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    the fact that you arent claiming any benefit for yourself ( income support) and only receiving ctc as a single parent, makes it look all the more iff!
    your husband must surely be subsidising you in some way as you are receiving less than the government says you need to live on.

    if he is subsidising you, then financially anyway, you are a couple.
  • MOTHEROF4 wrote: »
    Hi, sorry to here of your situation, I'm in the same situation I have three girls and have just won a occupation order to have my husband removed from the house because of violence, I'm ill with his abuse and I phoned the benefit office and explained that we were in the same house until the court case and they said it was ok for me to claim as a single person and told me to contact the child tax credit and claim as a single person, which I did and they had no problem with me claiming as a single person, and that was before I won the occupation order on march 28 2012. I cannot see a problem with your child tax credit they were very helpful to me, just try to explain I'm sending hug for you hope, it gets sorted soon it's bad enough dealing with domestic violence x
    But the OP let the violent man back in to live with them, that is the difference.
  • Eager_Elephant
    Eager_Elephant Posts: 4,714 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi

    If you have a look at Consumer Action Group - they have a forum and one of the boards is Benefits or HMRC - there are loads of people in your situation and the 'experts' are very good.

    Basically Experian are being paid to find cases of fraud, they will be given info from HMRC/DWP and will then compare it to Experian searches etc

    A lot of people on CAG have ex-partners who live elsewhere but have bills and mortgage at that address so show on credit reports. As a result they are having to pay back the Tax Credits they have received.

    They then either claim as a couple (even though they aren't) or you make a single claim and hope they don't investigate you again.

    By the way Tax Credits very rarely prosecute anyone for fraud - you have provided all the info they requested so it is not like you have avoided them.
    They would rather stop the fraud from happening in the future than prosecute.
  • But the OP let the violent man back in to live with them, that is the difference.

    The op didn't let him back in by choice, he had a right to live there, after the order had finished, it dosnt mean they are a couple or she wanted him there.
  • Dontknowanymore
    Dontknowanymore Posts: 5,522 Forumite
    edited 10 April 2012 at 9:07AM
    MOTHEROF4 wrote: »
    The op didn't let him back in by choice, he had a right to live there, after the order had finished, it dosnt mean they are a couple or she wanted him there.

    |Well she is lucky that a letter from tax credits is all she has had to deal with tbh.
    Although why she did not move out herself is beyond me, why would you live with someone who was violent enough to have a court order on him if you don't want to be with said person, unless she is petrified of him?????
    These are the sort of things the TC people are going to wonder too.
  • shedboy94
    shedboy94 Posts: 929 Forumite
    Presumably DWP have already assesed the OP as a couple and that is why she isn't entitled to IS/JSA.......you can't claim 1 set of benefits as a couple and the other set as a single person.

    How long have you been claiming TC's as a single person?

    You can appeal the decision, however you would have to give a valid reason why you haven't divorced, don't have a legal separation document, or even why you haven't just bit the bullet and moved out. You say you can't afford to live alone but surely on top of your TC's you would then qualify for IS/JSA/HB/CTB/CB if living in your own property?
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    I'm sorry but two obvious things. One that is standard procedure in DV. Order the perpetrator out of the house and a no sale order on the house. Secondly if the man was so violent he required a court order. Then why the hell didn't you go and get it renewed? I am presuming you didn't as the courts are really hot on dv, it's a huge child protection issue. So they don't just let people back into homes to commit potentially more violence.

    I think they key here, is did YOU challenge this violent man from coming home? If not. It looks like to an outsider, you had a violent tiff, let the court order lapse and got back together when he moved back in. Entirely different to your situation 4.
  • Thought (some) of you might want to know of the update....
    I have found my original claim award !!! on it , it states quite clearly my situation and the claim was then awarded as a single claim even with my husband at same address.
    HMRC have now admitted that my claim was accepted at that point but following review and changes to the system i am no longer eligible to receive a single claim. They state that the increase in my husband paying towards the household does not compare with the original claim.
    They have confirmed I am solely liable for the overpayment and it will be collected through direct recovery.
    No joint claim will be going in as we are not joint and a single claim is disallowed as he has associations to the household. I have been to the benefits office and also any further benefit claims would be disallowed under the same rules.
    the violence aspect was an isolated incident and i appreciate how this looks to people who have not suffered any form of domestic abuse at any point, and i know you appreciate that there are lots of factors to be taken into consideration also of which you will be unaware.
    I have a solicitor who is now dealing with this for me and i am staying positive that this will be sorted out quickly.

    Some particular comments on my thread i found very offensive and not helpful at all. In fact i would say it made the past two weeks harder for me as i did not come on here to be judged but to look for advice.
    For that reason, i will not be returning to this forum again. I am sure there are plenty of friendly, helpful people who actually know what they are talking about out there online, unfortunately the majority on this particular thread are not so.
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