Child Benefit owe them money

kazz3105_2

This is an odd one, my ex husband was receiving child benefit for our children, one of which was getting DLA.
He has not received child benefit for over 4 years, but last week he got a letter telling him that he owed them money. He asked me to write them a letter disputing this decision and as for a break-down of how it came to over £800. This morning he received a letter from them stating that they don't keep paperwork for that long (2007/2008) so could not give him a break-down.
He disputes this and was sure that chb wasn't paid for this period, what can he do? it's a simple case of 'your word against mine'

Thanks in advance.

di3004

Hi there

Hopefully someone will be along soon with some advice for you.

What baffles me is the fact that they say he owes them money, and yet how do they know that if they're unable to find any info and state they cannot go that far back?
So in this case where did they get the idea from that money is owed.......hmmmmm.

Good luck with this.;)

benefitbaby

He needs to appeal their decision and ask for copies of all the evidence that proves their (alleged) case. If they cannot do this then then have not set out a prima facie case and ultimately should not be successful.

kazz3105_2

benefitbaby wrote: »

He needs to appeal their decision and ask for copies of all the evidence that proves their (alleged) case. If they cannot do this then then have not set out a prima facie case and ultimately should not be successful.

The letter he got today says they do not have the original paperwork, he is suggesting they take him to court for it but i think thats a bit extreme.

benefitbaby

The usual route to challenge benefit decisions is by appeal to an independent tribunal. When this happens the CB team have to provide a submission setting out all their evidence, your friend can submit any argument/evidence to refute their evidence. A judge will determine whether:
a) there is an overpayment, and
b) whether any overpayment is recoverable from your friend.

If the CB office no longer have the evidence then they will be unable to prove (a) or (b) on the balance of probabilities, which is what they have to do to succeed.

If your friend does nothing then CB can seek a judgment in court (and as they are HMRC this is done), getting a money judgment in court could be easier for them because county court judges are not as proficient at benefit law as the social security judges who hear the tribunal cases.

di3004

Great advice given by Benefitbaby, and I would follow what was suggested as the normal procedures as Benefitbaby posted.

Fingers crossed.:)

kingfisherblue

Why did child benefit stop?
Did he ask why it stopped at the time?
How was it paid? If it was paid into the bank, and that is his only account, could he get bank statements to show that he received CB upto a certain date, but nothing since?

kazz3105_2

He is no longer entitled to child benefit as youngest is 19 and living with her own little family now, his child benefit stopped when it was supposed to.
I wrote a letter for him again asking for the evidence and also requesting an appeal, we will wait and see.