Claimants manual- unseen tax credit rules

Duck_to_water

Does any one know any thing about this claimants manual and where the general public are able to read it? Here's my situation in a nut shell, my husband left the family home feb 2011 leaving me and our 3 children, amicable split but very stressful and emotional all round.He moved into his parents address and only had to pay board(to cover his food,gas,electric etc) I made a claim for single working tax based on working 19 hours self employed and have 3 children to bring up, ex husband could not afford his own place as well as paying mortgage(in place of maintenance) so he has continued to live at his parents, he didn't cope well with the split and buried his head in the sand, only changing his screws for tax purposes every thing else he kept the same,which was wrong of him and dispute me asking him to sort this out he never did and I guess I lost the will so gave up asking.an out side agency have flagged up that he is still fanatically linked to my address and not at his now address and so put 2 and 2 together and came out with 10! They say I should have made a joint claim as they say he must have been living here with me.... On paper I can see where they are coming from but surly they should proof? Basically they are saying I have to pay back from the day I claimed I was single to April this year which is a whole years worth and all the time I have 100% been single, my money has been stopped and I am now relying on my ex for maintenance to cover me and the kids staying in our family home and family are helping me, I ended up speaking to the manager of the review team as his college could not answer a question I had, the question was where is this rule that states no other adult should be seen to be finically linked to the claimants house and he told me it's in the claimants manual,so I asked should I have been given a copy so I could at least read this rule giving me the chance to follow it and he said no it is to illousant and couldn't possibly be printed and sent out,so I asked where is it publicly printed for me to read and his answer, it isn't, your can't it is for our use only! So I asked how on earth are we meant to follow this rule if we are not even aware it exists? And he said if I decide to appeal then I should bring this up.every ones situations when splitting up are different and we all have different ways of dealing or not dealing with things, why should I be punished for some thing my ex did or did not do and how can they just stop my money based on a rule I wasn't aware exists, I thought they had to make all the rules available? As far as I am aware I fit the criteria for single claim,had I have been made aware that this rule was there and that my money would be stopped then obviously I could have done some thing about it, I feel like it's forced entrapment they have cheated me , I'm going to appeal so any advice would be grately accepted thanks Sarah

System

If it wasn't for the question and exclamation marks inintentionally causing a new sentence, that would be the longest sentence I have ever tried to read.

Please break it down into sentences and paragraphs to make it readable.

missapril75

Child Poverty Action Group (CPAG) always had good stuff available.

Their book is here but you should find one at the library. That's where I saw my first one.

antrobus

Summary - husband left the marital home in Febuary 2011, OP claimed benefits (tax credits?) as a single parent. Authorities (HMRC?) later decided that they were still 'living together as husband and wife', stopped payment, and are now demanding repayment of sums already paid.

The HMRC Tax Credits Manual can be found here - http://www.hmrc.gov.uk/manuals/tctmanual/Index.htm - section on 'living together as husband and wife' here - http://www.hmrc.gov.uk/manuals/tctmanual/tctm09320.htm. It would seem that a married couple need to make a joint claim unless they are either separated under a court order, or "separated in circumstances in which the separation is likely to be permanent". Assuming the former does not apply, it would be necessary to convince the authorities that the latter was the case.

So appeal the decision and submit evidence that the "separation is likely to be permanent" - commence divorce procceedings? Better still go an make an appointment to see CAB.

pmlindyloo

You need to appeal but probably will need some help in doing so.

There are strict time limits (I believe it is a month) so you need to sort his out asap.

Personally in your circumstances I would be getting in contact with CAB - you will need a Welfare and Benefits advisor.

Google for your nearest one who provides this service.

I wouldn't worry too much about getting the manual. You need to appeal on the grounds that your ex and you were not living together as a couple.

From what you have said this may prove quite difficult so get some help.

Icequeen99

There isn't a rule that says you can't have a financial link to another adult as such, but HMRC use financial links as evidence in coming to the conclusion that you are part of a couple. They obviously think they have enough evidence to show that you are a couple.

To overturn this decision you will need to provide evidence that shows you are not part of a couple. Presumably you can provide evidence of your husband at the new address, copies of solicitor letters showing steps taken to get a divorce, maintenance payments coming in from your husband for example.

IQ

Duck_to_water

Thanks for your replies, I have an appointment with CAB a week on Friday it was the earliest available appointment.

My ex has letters at his address from HMRC and also a few medical letters,this is the only proof he has.

What infuriates me is I have worked really hard at keeping my children secure in their home, the year in question was such a hard year for all of us and to be told I was not entitled to claim as a single parent when I have managed my home whilst working and looking after my children makes my blood boil. Claiming jointly would have been an out right lie.

Not every one that splits up immeandiatley starts divorce proceedings and whilst I guess most people would want to distance them selves from their ex emotionally and financially but who are the tax people to say what's a right and wrong way to deal with a split?

If they are sure I have committed fraud then surely I will be prosecuted?

As far as I am aware I have been 100% entitled to make a single claim.I have received a letter about my 2011-2012 claim saying thankyou for telling them about my change in circumstances, I have not had a change in circumstances and I have not told them of any change.From April to April I have been single.

Should I put my evidence together with a letter this week or wait until I have spoken to CAB? I know I only have 30 days to get my appeal in which I assume would be from the date of the letter 6th august? Am I just going to be banging my head against a brick wall? Does any one ever win an appeal? Thanks Sarah

Duck_to_water

Hi icequeen,

The problem is he hasn't been seen to be financially linked to his address at all , he hasn't bothered to change any personal finances such as mobile phone bill or his car.

I know what exactly it looks like but i can't change that,he became depressed and the doctor was working with him closely which is not an excuse to not change addresses but did play a massive part in letting things just plod on.

Apart from the tax and medical letters there is no other evidence,there may be a copy of a council report that took place as his sister was pregnant and the council did a home visit because the property was over crowed.He is also on the electoral at his address.

Basically because of my ex being the laid back,head burying person he is I am screwed.

Icequeen99

Duck_to_water wrote: »

Hi icequeen,

The problem is he hasn't been seen to be financially linked to his address at all , he hasn't bothered to change any personal finances such as mobile phone bill or his car.

I know what exactly it looks like but i can't change that,he became depressed and the doctor was working with him closely which is not an excuse to not change addresses but did play a massive part in letting things just plod on.

Apart from the tax and medical letters there is no other evidence,there may be a copy of a council report that took place as his sister was pregnant and the council did a home visit because the property was over crowed.He is also on the electoral at his address.

Basically because of my ex being the laid back,head burying person he is I am screwed.

Electoral role and the other things will help.

As a married couple, the test as someone else has said is showing that you were separated in circumstances likely to be permanent. The divorce proceedings point is often mentioned by HMRC in these cases because they say if it is permanent they would expect steps to be taken at some point.

HMRC do have a say in this because they are the department who administer tax credits, so ultimately it is their decision to make based on the evidence they have. If everything was showing him at your address, then they have no choice but to make that decision if there is no evidence to support what you are saying other than your word (and if they did that everyone would do it).

However, it sounds like you have some evidence. Make sure you get the appeal in within 30 days and then get some advice, you can always send more evidence later after you get advice.

You might have problems until then because you won't be able to make a new single claim (well you can, but normally they get blocked by compliance) and making a joint claim would be wrong (and it would be overpaid if you won your appeal). Unfortunately it could take a while to get to a Tribunal.

IQ

Duck_to_water

Icequeen just to confirm I better to get my evidence and letter sent this week before I talk to CAB and then send any other info after?

I am at my wits end with this and I know it's going to be a long road.

My family are behind me all the way and as I am no longer self employed as from last week I am really going to be depending on them to help me financially.

I actually feel there's no point in looking for a job and I certainly will not be claiming any form of benefit because I am so scared of being penalised again.

My ex feels this is mainly his fault and it's brought up all sorts of issues for us, not dealing with things that should have been dealt with when we split.

How will my appeal affect future claims? Are they allowed to take from a future claim to pay back?

Financially I am absolutely rock bottom there is no way I can ever pay back the amount they say I wasn't entitled to, a whole years worth of single claim.

All this could have been avoided if they would just tell you when filling out these forms that in order to be deemed financially independent any parting adults must be seen to be financial linked to a different address.Surly they would save them selves a lot of time and money, as well as saving people like me from literally going through hell.

Arg

Is there any reason you can't take them to the small claims court whenever these guys pull stunts like this.