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tax credit overpayment and divorce

brasi12345
Posts: 1 Newbie
Not sure if anyone can offer any advice but I would appreciate anything.
In short
Married Apri 06, seperated May 10, divorce final May 11
During the marriage, we or should i say she claimed tax credits, she dealt with it all, paid into her bank account, and spent by her.
I paid all bills, and i just handed over a p60 and signed the tax credit renewel each year.
Nov 11 got a letter from HMRC for 2600 overpayment, I sent back a letter querying this and explaining everything in detail.
I have just received a response from them ( 9 months later ) saying i am still libel for this overpayment and the case is being passed to the notional overpayment team.
I know looking back i should have told the tax credits myself about the change, but what with dealing with the divorce etc.. it just did not occur to me.
Also as my ex does not work and looks after 2 kids (her previous marriage ) I also assumed she would sort this out herself so that she would get more money + housing benefit.
I guess my question is can i do anything about this, or really am i going to have to payup 50% of this amount regardless of the circumstances?
Also should it really be taking 9 months to process?
thanks in advance
In short
Married Apri 06, seperated May 10, divorce final May 11
During the marriage, we or should i say she claimed tax credits, she dealt with it all, paid into her bank account, and spent by her.
I paid all bills, and i just handed over a p60 and signed the tax credit renewel each year.
Nov 11 got a letter from HMRC for 2600 overpayment, I sent back a letter querying this and explaining everything in detail.
I have just received a response from them ( 9 months later ) saying i am still libel for this overpayment and the case is being passed to the notional overpayment team.
I know looking back i should have told the tax credits myself about the change, but what with dealing with the divorce etc.. it just did not occur to me.
Also as my ex does not work and looks after 2 kids (her previous marriage ) I also assumed she would sort this out herself so that she would get more money + housing benefit.
I guess my question is can i do anything about this, or really am i going to have to payup 50% of this amount regardless of the circumstances?
Also should it really be taking 9 months to process?
thanks in advance
0
Comments
-
Joint claims have joint and several liability meaning the Revenue can ask either of you for the whole amount. Policy is that they ask each of you for 1/2 of the overpayment.
There isn't much you can do about your half i'm afraid, but your ex-partner if she re-claimed as a single person might be able to reduce her overpayment using something called notional offsetting (basically what she would have got from her new single claim offset against the overpayment). That is presuming that the overpayment is due to the delay in informing them you had separated.
You can ask for time to pay if you can't afford to pay it all back in one go.
IQ0
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