child tax credits overpayment case.. neep help!

natashajade1

Hello I am new to the site and not really sure where to start.
I am in need of advice from anyone who can help.

So to start off with I will explain why I claimed as a single parent and when and why my partner moved in with me.

my partner and I had our first child in 2013 we wasn't living together at this time, he was with his parents and I had my own place, I was claiming child tax as a single parent, we split from each other in shortly after my son was born.
our relationship was never a proper relationship after that we were on and off for a long time and then in 2016 I found out I was pregnant with our second child, he was living with relatives at this point and I still on my own claiming as a single parent as he was studying and didn't provide me with any income.
when our second child was born we registered him and put mine and my partners (not partner at the time) address as the same address on the birth certificate as he wasn't at a fixed abode and was away most of the time studying, so it just made it easier to my address.

In March 2017 we decided to get together and work through things for the sake of our children and I stopped my single claim and he started working. This is when I received a letter from hmrc compliance.

In November 2017 I was contacted by HMRC compliance and they asked me to send in a number of documents, from bank statements to insurance papers, bills, birth certificates ect... for the period of time i was claiming as single.

I sent it all and within a few weeks I had a call from a case worker asking lots of questions about mine and my partner's relationship and my children.
she was basically accusing me of having my partner live with me when I was claiming as single, she said she had 'proof' because there was one letter that came to my address in his name, which was an online shopping credit account, and I had explained to her that it was only registered to this address because in order to have that account you must have an address and he was not at any fixed abode at the time. And the things that were being ordered from there was for his children, so it was being delivered to my address.

she also said that the fact his address is the same as mine on our second Childs birth certificate, I also explained this was because he was studying at the time and was staying with relatives, so he didn't have a fixed abode and it was easier to just put my address.

Everything else that I had sent had my name only on it. No indication of him living with me what so ever.

I received a letter about 1 month after sending these documents stating that I owe back nearly £6000!
They said that I could send in supporting documents and ask for a mandatory reconsideration, so I sent in 4 documents that I could find of my partners with the address that he was staying, these were: phone bill, debt recovery, insurance paper and bank statement.

I then received a letter stating that they have no changed their decision and that no I have the right to appeal if I do not agree with their decision.

I am so worried about everything, I was to fight until the end to get my name cleared of this but I do not know what to expect or even where to start,

So please any help given is much appreciated.

Darksparkle

Next stage would be an appeal. I'd suggest going to CAB for advice.

You might want to read over their guidance on joint/single claims https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm09300

Particularly here - https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm09340

BorisThomson

Where was he living whilst he was studying, was he in halls? Where was he registered for council tax purposes, to vote etc? Do you have a record of the child maintenance he was paying you?

natashajade1

he was staying with relatives but he wasn't registered to vote or council tax as he wasn't living there, the only letters he had going to there was a phone bill and bank statements and thats only because he needed an address for them after he left his mothers place, everything was a bit all over the place but we never thought it would mean anything until now.

and I was not getting any child maintenance from him, he would sometimes lend me money and i'd pay him back or money for the children's birthdays and holidays ect, this is all on the bank statements, but i think HMRC had a problem with that too as my case worker was questioning me a lot about the transactions between him and I

clairec79

In all honesty I think you will struggle to prove he wasn't living with you, their case would seem extremely strong to me.

Plus then you may have council tax etc and income support (if you were claiming it) coming back at you as well as the tax credits

natashajade1

thanks for your reply, i can totally see why it would be difficult to prove he wasn't living with me but surly it must mean something that his name is not on any bills at all for my address, i am so stressed.
do you think it would be any help if the people he was staying gave a statement to confirm he was staying with them? and the letters for that address in his name?
i am willing to do what ever it takes.

clairec79

Plenty of people in relationships only have the bills in one person's name, so while having the bills in his name at a DIFFERENT address would help your case (or having them in his name at your address will help theirs) not having them doesn't achieve anything.

Supporting evidence from those where he was living may help - but unless it's backed up by proof could be seen as family helping him out by lying - so offical letters to him at that address is good, a mate who sent him a postcard while on holiday probably not so much.

TBH I think your main issue is going to be that birth certificate, you both signed it stating you lived at the same address

welshmoneylover

natashajade1 wrote: »

Hello I am new to the site and not really sure where to start.
I am in need of advice from anyone who can help.

So to start off with I will explain why I claimed as a single parent and when and why my partner moved in with me.

my partner and I had our first child in 2013 we wasn't living together at this time, he was with his parents and I had my own place, I was claiming child tax as a single parent, we split from each other in shortly after my son was born.
our relationship was never a proper relationship after that we were on and off for a long time and then in 2016 I found out I was pregnant with our second child, he was living with relatives at this point and I still on my own claiming as a single parent as he was studying and didn't provide me with any income.
when our second child was born we registered him and put mine and my partners (not partner at the time) address as the same address on the birth certificate as he wasn't at a fixed abode and was away most of the time studying, so it just made it easier to my address.

In March 2017 we decided to get together and work through things for the sake of our children and I stopped my single claim and he started working. This is when I received a letter from hmrc compliance.

In November 2017 I was contacted by HMRC compliance and they asked me to send in a number of documents, from bank statements to insurance papers, bills, birth certificates ect... for the period of time i was claiming as single.

I sent it all and within a few weeks I had a call from a case worker asking lots of questions about mine and my partner's relationship and my children.
she was basically accusing me of having my partner live with me when I was claiming as single, she said she had 'proof' because there was one letter that came to my address in his name, which was an online shopping credit account, and I had explained to her that it was only registered to this address because in order to have that account you must have an address and he was not at any fixed abode at the time. And the things that were being ordered from there was for his children, so it was being delivered to my address.

she also said that the fact his address is the same as mine on our second Childs birth certificate, I also explained this was because he was studying at the time and was staying with relatives, so he didn't have a fixed abode and it was easier to just put my address.

Everything else that I had sent had my name only on it. No indication of him living with me what so ever.

I received a letter about 1 month after sending these documents stating that I owe back nearly £6000!
They said that I could send in supporting documents and ask for a mandatory reconsideration, so I sent in 4 documents that I could find of my partners with the address that he was staying, these were: phone bill, debt recovery, insurance paper and bank statement.

I then received a letter stating that they have no changed their decision and that no I have the right to appeal if I do not agree with their decision.

I am so worried about everything, I was to fight until the end to get my name cleared of this but I do not know what to expect or even where to start,

So please any help given is much appreciated.

I have just re-read your post twice and to be honest it does sound like you are in a relationship together.