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Overpaid Child Tax Credit
Adegas
Posts: 2 Newbie
My husband has left me and moved 800 miles away with his girlfriend. He has left me with considerable debts, one of which is £1500 in overpaid child tax credit.
This benefit was paid to me and in to my bank account, however I am now on ESA and in no position to be able to afford the repayments.
As my husband is my sons father and we were living together when this income was received, can I write and ask if he can be made liable for the debt. He is in full time employment (as is his partner) and has very few outgoings.
It's the wrong place but to save me writing same thing again, he has also left large utility bills in my name. Can I write to them and explain he was living here until 1st July 2014 and will be in a position to pay, whereas I'm on benefit.
Thanks.
This benefit was paid to me and in to my bank account, however I am now on ESA and in no position to be able to afford the repayments.
As my husband is my sons father and we were living together when this income was received, can I write and ask if he can be made liable for the debt. He is in full time employment (as is his partner) and has very few outgoings.
It's the wrong place but to save me writing same thing again, he has also left large utility bills in my name. Can I write to them and explain he was living here until 1st July 2014 and will be in a position to pay, whereas I'm on benefit.
Thanks.
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Comments
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If this is anything like WTC if it is a joint tax credit debt you are half responsible and he is half responsible (not legally, but the Tax Credits people will only make you pay half)
No you cannot apportion it all to him. You both received it.
If the bills are in your name, then its your issue I am afraid. If his name is not on the bills you cannot make them chase him, no more than I can ring up and tell them Bill Gates needs to pay my bills.0 -
blondebubbles wrote: »This is correct. In cases of separation, both parties are liable so are required to pay half each (unless one party agrees to pay more)
Is this correct?
My ex ( not yet divorced unfortunately but we split 6 years ago and he lives 300 miles away) received a letter asking him to repay an overpayment of £158 that arose at the time we were splitting up. I don't know why they wrote to him unless it's because I am on income support ? Anyway, when he refused to pay they wrote to me and said that as the overpayment was at the time we were officially still a couple it ,was as much my debt as his. When I said I was willing to pay half, they said they would come back to me if he still refused to pay the remainder.0 -
Almost-free wrote: »Is this correct?
My ex ( not yet divorced unfortunately but we split 6 years ago and he lives 300 miles away) received a letter asking him to repay an overpayment of £158 that arose at the time we were splitting up. I don't know why they wrote to him unless it's because I am on income support ? Anyway, when he refused to pay they wrote to me and said that as the overpayment was at the time we were officially still a couple it ,was as much my debt as his. When I said I was willing to pay half, they said they would come back to me if he still refused to pay the remainder.
The policy changed in 2009.
The law says that both people are responsible for the whole debt, so if they can't get it from one person they will go after the other for the full amount (as in your case).
In 2009 the policy was changed so that they would only ask each person to pay 50/50 unless a different percentage was agreed. If the first person didn't pay their 50% but the other party paid theirs, HMRC will not go back to the paying person for the rest of the amount. However, the law still allows them too.
IQ0 -
Thank you for your replies. I will write to Child Tax Credits and see if I can get my liability reduced to 50% of the debt.
I thought I would be stuck with utility bills. As my husband worked away (hence he was able to have an affair for a year undetected) it was always me who set up household bills.
I have been married nearly 23 years and my husband never wanted me to work, so when something like this happens it is a huge shock.
I have taken advice from Step Change.0
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