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Family tax credits

Me and my ex partner lived together, I was working and my partner was on benefits, we started claiming family tax credits in 2010 - 2011 and half way through 2011 - 2012 tax year, we split up and the split wasn't amicable.

With me being the only person working in the relationship I was the one claiming family tax credits, in the tax year if 2010 - 2011 I received a pay increase of no more than £3 per week totalling to around £150 per year, before the following tax year we submitted my yearly salary in was of a p60 and completed the family tax credits form for the 2011 - 2012 year, around September 2011 me and my wife split with me moving out of the family home and never returning, I've had very little contact with my ex, but I continued to visit our daughter.

Unknown to me my ex partner was receiving letters from HMRC about over payments, giving us 3 months to appeal the decision of overpayment, this information wasn't passed onto me and my ex just ignored the letters, earlier this year I received a letter from HMRC saying I owned them over £5000 from the overpayments, I contacted them to say this was the first I've heard of the over payment from over 5 year previous.

I've applied the decision on the grounds that I wasn't made aware of the overpayment in 2011 as I had left the family home and this information wasn't passed to me by my ex partner as we were and are still not on speaking terms, but both of my appeals have fallen on death ears because their policy is you have to apply within the first 3 months of being notified.

So now I have to pay my have of a overpayment which we were entitled to just because I received £3 a week pay rise from my employer, some money that me and my partner was intitled to it has to be paid back meaning that my wages of no more than £19000 per year to bring up a family of 3 whilst paying full rent full tax and other household bills.

My ex partner is still on benefits and has been allowed to pay back £5 per week or £5 per month until her half of the debt is paid.
I still believe that I am not responsible to pay this overpayment back due to the fact that we were entitled to this money and HMRC want over £5000 to be paid back to them all because I received £3 per week pay rise totalling two just under £150 per year.

The amount I have to pay back is £2556.40 this is my half of the debt.

Thank you

Comments

  • IAmWales
    IAmWales Posts: 2,024 Forumite
    Your appeal has failed, you need to make an arrangement to pay what you owe.
    Can someone please help.

    I've been out of the army for 19 years but I've never payed council tax, I've always worked but never had a fixed address, I just liked the moving around life, but always works and payed my taxes but never council tax, I've recently meet someone and I'm looking at moving in together, how do I get around the fact I've never payed council tax and I want to start, I know how to start paying council tax as I've looked into it but will I be asked to provide my last address so they can see I've not payed council tax in 19 years.....

    Did you not pay council tax at the family home?
  • I have but this isn't correct as most people should understand and not just conform and do as over say and do, sheep ��
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    I have but this isn't correct as most people should understand and not just conform and do as over say and do, sheep ��

    Are you wanting help or did you just want to call people names? We can only advise on your legal position, and that is you are liable to pay.

    Is paying council tax also too conformist/ sheep like for you?
  • Belligerent!!! Not at all as I agree we should all pay what we owe but not what we don't wales and the sheep wasn't s dig at you! But at people not fighting for what they believe is correct and not just take what's told them, otherwise we'd still be paying poll tax wouldn't we.....
  • Housing_Benefit_Officer
    Housing_Benefit_Officer Posts: 2,502 Forumite
    1,000 Posts Combo Breaker
    edited 19 August 2017 at 8:22PM
    £150 per year wage increase wouldn't cause an overpayment of £5,000.

    The first £25,000 of any wage increase was disregarded!

    Overpayment probably occurred because your former partner continued to receive Working Tax Credits (Family Tax Credits was scrapped in 2003) from the date you left until she notified HMRC you were no longer part of the household.

    As the claim was a joint claim it was your responsibility to notify HMRC that you had left the household.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • My ex partner did at the time of me leaving so this isn't the case
  • poppy12345
    poppy12345 Posts: 18,741 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    My ex partner did at the time of me leaving so this isn't the case
    Do you have proof that she told them you'd left?
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    You say you didn't receive any letters, did you notify them of the separation or provide your address after the separation?
  • My ex partner did at the time of me leaving so this isn't the case

    As I have already said a £150 wage increase would not cause an overpayment of £5,000. The legislation back then was the first £25,000 of any wage increase was disregarded. The only way you could have had an overpayment of £5,000 was either a failure to notify you had vacated or your income increased by nearly £30,000 while you lived in the property.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    As I have already said a £150 wage increase would not cause an overpayment of £5,000. The legislation back then was the first £25,000 of any wage increase was disregarded. The only way you could have had an overpayment of £5,000 was either a failure to notify you had vacated or your income increased by nearly £30,000 while you lived in the property.

    As HB officer says its just not possible for your wage rise to cause an overpayment like that.

    It's either a delay in notification of your split or something else - failure to renew (you say you sent the forms but maybe they weren't received) or an element you weren't entitled to.

    You need to ring the helpline and ask if they can see why the overpayment occurred

    Either way you need to arrange to pay it back, there are no appeal or dispute routes open to you and you should have contacted them to change your address so you would have received the correspondence.

    IQ
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