Tax Credits Overpayments - Mental Health

hinchcliffe

Hello There

I am new to forums so hope Im doing the right thing in the right place.

My partner and I have a joint Tax Credit overpayment.

After seeking brief initial advice and doing research on the HMRC website, based on my partners Mental Health issues, submitting a report to HMRC by our health professional, the HMRC can waive the overpayment for my partner.

Below is a section from the HMRC Tax Credits Overpayments on Menal Health Cases - evidence obtained: (DMBM555630)

For joint debts

Where the couple are still together

Where a couple are still together the full amount is still recoverable as both claimants remain jointly and severally liable.
Continue to pursue the other claimant for the full amount of the outstanding overpayment(s).


My concern is this regarding the above statement.....


As we are still together, the overpayment debt is still 'ours'.


The purpose of HMRC writing off the overpayment under these circumstances, is to 'prevent any detrimental effect or unreasonable distress to the claimant', but if the entire debt is merely 'shifted' over to me, how does this prevent any detrimental effect or unreasonable distress to my partner???


If anyone could PLEASE PLEASE help me on what I can do about this I would be so greatful, as at the moment im looking at a tunnel with no light at the end.

Icequeen99

HMRC generally apply their exceptional circumstances provisions to both members of a couple, so if one is able to deal with things then responsibility falls on that person.

Unfortunately, HMRC have the law on their side which makes both people on a joint claim jointly and severally liable, so they can pursue one or both of you.

You could complain and try and get them to apply the policy to you. But you would have to show that you repaying would affect your partner's mental health I suppose. I am not sure how much success that would have.

What is the reason why you can't offer any repayment? If you are suffering financial hardship then you can ask them to suspend it on those grounds.

You might want to contact one of the tax charities who might help you with this. Try https://www.taxaid.org.uk

IQ

shedboy94

hinchcliffe wrote: »

Hello There

I am new to forums so hope Im doing the right thing in the right place.

My partner and I have a joint Tax Credit overpayment.

After seeking brief initial advice and doing research on the HMRC website, based on my partners Mental Health issues, submitting a report to HMRC by our health professional, the HMRC can waive the overpayment for my partner.

Below is a section from the HMRC Tax Credits Overpayments on Menal Health Cases - evidence obtained: (DMBM555630)

For joint debts

Where the couple are still together

Where a couple are still together the full amount is still recoverable as both claimants remain jointly and severally liable.
Continue to pursue the other claimant for the full amount of the outstanding overpayment(s).


My concern is this regarding the above statement.....


As we are still together, the overpayment debt is still 'ours'.


The purpose of HMRC writing off the overpayment under these circumstances, is to 'prevent any detrimental effect or unreasonable distress to the claimant', but if the entire debt is merely 'shifted' over to me, how does this prevent any detrimental effect or unreasonable distress to my partner???


If anyone could PLEASE PLEASE help me on what I can do about this I would be so greatful, as at the moment im looking at a tunnel with no light at the end.

How much is the o/p and what caused it?

princessdon

But you both checked the award notice - you don't have MH issues - so I really fail to see why you should be expempt.

Sorry but if you both had MH issues I'd agree but as you don't it seems to me to be a way of avoiding paying your debts.

Spamfree_2

princessdon wrote: »

But you both checked the award notice - you don't have MH issues - so I really fail to see why you should be expempt.

Sorry but if you both had MH issues I'd agree but as you don't it seems to me to be a way of avoiding paying your debts.

I agree.

Does it mean that every person in the UK with mental problems can now write off their debts?:eek: