Fraud investigation-Tax credits

torch2012

Hi, I hope this is the correct place to post. I will try to explain as easy as possible.
In June 2011 I finished my term time only job as I was pregnant, I had not been working long enough to claim any sort of maternity pay/allowance so it was agreed with my employer that my husband would cover my maternity leave. This happened from September 2011 to September 2012 when I returned to work.
We switched working tax credit over to his name within the time frame etc and everything was fine. But, our employer had failed to change any of theor details over and still had me on their payroll. So all pay slips were in my name and payments are paid to a joint account.

Fast forward to yesterday and we receive a letter from DWP saying my husband was being investigated for benefit fraud. I called them and they were unable to give me or my husband any information over the phone and said we would have to wait for the interview on March 1st.

How are we supposed to prove that he didninface work for 12 months and didn't just claim working tax? The guy we worked with has said he will sign a statement saying my husband worked and I know some of our clients will do the same. I have contact our employer to ask for something in writing to say he did work but have had no reply and in all honesty I don't think they will do it as then they may get into trouble?

We are very very worried, very scared and have no idea what to do.

pmlindyloo

All kinds of problems here.

No only about the income but about your tax and NI contributions.

Since this has been going on for a year you must have noticed that the payslips were in your name?

I am not an expert on empployment law but I suspect that your employer might be in trouble here.

As regards the tax credits I cannot think that there is much you can do than gather evidence that he was working.

I do hope someone will be along to offer more help. If not, then I suggest you copy and paste this onto the Employment forum and ask what can be done as reagrds your employer correcting their 'mistake'.

torch2012

pmlindyloo wrote: »

All kinds of problems here.

No only about the income but about your tax and NI contributions.

Since this has been going on for a year you must have noticed that the payslips were in your name?

I am not an expert on empployment law but I suspect that your employer might be in trouble here.

As regards the tax credits I cannot think that there is much you can do than gather evidence that he was working.

I do hope someone will be along to offer more help. If not, then I suggest you copy and paste this onto the Employment forum and ask what can be done as reagrds your employer correcting their 'mistake'.

Thank you for your reply, I don't get weekly or monthly payslips, my employer is a bot useless and gives them at the end of the year to all employers. I also don't (as far as I know) pay tax and NI as I don't earn enough (at the time £101.02 a week)

princessdon

If you don't earn enough then how can you claim Tax Credits?

Are you disabled?

The employer has broken many rules and the whole thing is likely to be investigated. Your employers word will not be sufficient when the payslips are in your name. Also not many people have the luxury of a years maternity leave so that may be questioned too.

There is also the June to September issue Term Time has 6 weeks summer break not 9 plus.

pmlindyloo

torch2012 wrote: »

Thank you for your reply, I don't get weekly or monthly payslips, my employer is a bot useless and gives them at the end of the year to all employers. I also don't (as far as I know) pay tax and NI as I don't earn enough (at the time £101.02 a week)

Am totally confused now

You said in your first post that all pay slips were in your name?

You only earned £101.02 per week? Is this what your OH was covering? How many hours?

You need to be working 24 hours a week as a couple with children to claim tax credits.

If we could go back to basics please.

You stayed at home with your child? Your OH did your job? How many hours? Any other work?

This may not be about his not being on the payroll at all.

If you could answer the above questions please.

torch2012

Ok, I have 9 weeks off for the summer as I work for a college and they break up 3 weeks earlier than the schools.

I worked 24 hours for 39 weeks but my wage was split over 52 weeks so I was paid holidays too.

My husband worked exactly the same hours, earned the same as myself.

Also, I understand that not everyone gets the luxury of 12 months maternity leave but then again some do. A lot of my friends quite happily take a year. We were in a situation where my husband was working MY job which allowed me to stay off but that is not why I have posted here. I posted for some help which I hope I can get.

princessdon

It is relevant because we are trying to understand.

Next question. 24 weeks at NMW x 36 weeks PLUS holiday entitlement is an average of £123.68 and so over NI, why do you not pay NI. Are you saying they don't pay you your 20 days AL plus 8 day's bank holidays?

Why does the college not give you a payslip.

If you can help us understand then we can advise further as your husband can't just work your job, it's not a usual situation for that to occur.

Molly41

DWP is not tax credits that is HMRC. They usually write to you.

What were you claiming that was DWP?

pmlindyloo

torch2012 wrote: »

Ok, I have 9 weeks off for the summer as I work for a college and they break up 3 weeks earlier than the schools.

I worked 24 hours for 39 weeks but my wage was split over 52 weeks so I was paid holidays too.

My husband worked exactly the same hours, earned the same as myself.

Also, I understand that not everyone gets the luxury of 12 months maternity leave but then again some do. A lot of my friends quite happily take a year. We were in a situation where my husband was working MY job which allowed me to stay off but that is not why I have posted here. I posted for some help which I hope I can get.

So from what you are saying your husband has been working the number of hours required as those working term time only just have to use the hours they work during the term for tax credits purposes.

We are only trying to work out why your OH is being accused of benefit fraud so that you can be prepared when you are called for interview. Since they don't specify the reason for the interview we just wanted to cover every possibly

So we are back to the question of the payslips being in your name. (Presumably you have at least the end of year payslip?)

As previously said I am not sure how to help further as this seems to be a matter for your employer to sort out so that your OH has proof that he has worked.

Copy and paste for the Employment forum and see what they suggest.

pmlindyloo

Molly41 wrote: »

DWP is not tax credits that is HMRC. They usually write to you.

What were you claiming that was DWP?

Totally missed that.

Good point. So it may not be about tax credits at all.

torch2012

princessdon wrote: »

It is relevant because we are trying to understand.

Next question. 24 weeks at NMW x 36 weeks PLUS holiday entitlement is an average of £123.68 and so over NI, why do you not pay NI. Are you saying they don't pay you your 20 days AL plus 8 day's bank holidays?

Why does the college not give you a payslip.

If you can help us understand then we can advise further as your husband can't just work your job, it's not a usual situation for that to occur.

Hi, I actually have no idea why I don't pay NI, its never been on my payslips. I will have to ask my employer.
I don't work for the college, I collect disabled young adults from home and drop hem at college.

I told my employer I was pregnant and they told me I was not entitled to any mat pay as I had only been there a few months. They asked if I knew anyone that would be able to do the job and told them my husband could.
He then started work in September 2011 and was paid £101.02 a week for 52 weeks. Our employer had asked for his national insurance details and had asked if the bank details were to say the same, we gave them all the information and assumed it had all been sorted out with them.