Child Tax Credit - awarded it without applying for it!

Icequeen99

Allaboard wrote: »

UPDATE:
I'm the OP.

May I categorically state: I'm not looking for loopholes. I'm not trying defraud anyone. I did not state the child lived with me.

Please do not make assumptions about me or what I did. I'm looking for advice, not opinion. I'm looking for facts not 'what you think'.

Having said that I did phone the HMRC. I made it quite clear about my change in circumstances and the fact that child is not with me the majority of the time anymore and only spends one night a week with me during term time and more during school holidays. I can only go on what I was told. I was told I COULD continue to claim and was indeed responsible for a child. According to the computer (yes, the computer:)) it was fine to continue.

So, it appears, despite popular opinion on here, it is allowed.

I may phone them again next week and record the call for 'safety and training' purposes to ensure I'm covered.

Thanks for your time.

I think you have absolutely done the right thing. However, the computer doesn't say anything. You have been given some advice from a helpline operator who most likely is following some rules based guidance (a script).

They will probably have similar info to what is on the HMRC site. They don't have the detail of the legislation, which I have already quoted to you.

I have dealt with hundreds of cases over the last 10 years where wrong advice has been given by the helpline.

On that basis, I suggest that you do what you have planned, you make a careful note of the date, time, adviser name and what you were told.

That way, if the claim is ever investigated by compliance, even if they took the CTC away you would be able to defend any overpayment based on wrong advice.

IQ

FBaby

Don't go by what you are being told on the phone. If you read more posts here, you will see how many people have claimed benefits because they have been 'advised' they were entitled by someone at the end of the phone, to then be investigated and found to have committed fraud.

In the end, you have to use common sense. Do you really think that there could be such a loophole that allows all nrps to claim when wpcs are not elligible?

I am a pwc with an nrp who has been in and out of work and rarely contributed anything in the last 8 years. The kids are with him 3 days every 14 and some more during the holidays. Wouldn't be great if if could claim for them and then give me what he is entitled to in lieu of maintenance... I wouldn't accept it. I would much prefer to pay less taxes in the first place!!!

In the end, it is your decision, but keep in mind that if you are investigated and found to have defrauded the system, you won't have much of a defense saying that someone told you it was ok on the phone. You will have to repay it all at best and only YOU will be responsible for the repayment, not your ex.