Incorrect Claim - Help needed

TELLIT01

I don't know the rules around Tax Credits and what the description of a 'couple' is, but for some benefits you don't have to be living in the same property to be classed as a couple. There is a possibility, and I put it no stronger than that, that you should have been classed as a couple even before he moved in.

Newbie1982

If my partner gets in touch with HMRC and tells them he was living here what is the timeline, how soon will i hear from them?

marliepanda

Newbie1982 wrote: »

If my partner gets in touch with HMRC and tells them he was living here what is the timeline, how soon will i hear from them?

There is no timeframe.

Seriously, no one here is going to help someone commit fraud, nobody WANTS to help you. Either fess up or prepare for prosecution/Jeremy Kyle, whichever hits you first...

Also, he is your ex , according to you, I'd make sure you get your story straight...

Newbie1982

Sorry about the mistype, he is my ex! I know I've dug my own hole, to be fair its half of the reason we split, he'd been asking me for a long time to cancel the claim so we could do things properly but for one reason and another I never got round to it, I eventually cancelled it a couple of weeks before he moved out as I thought he was going to tell someone. I'm in the position now where my finances are already stretched beyond reason, If I was to contact HMRC now and admit the mistake the money they would take back would cripple me. To be fair though and people wont like this, if the system is so great how hasn't it clocked that my partner was living with me for over 18 months ???

NYM

Newbie1982 wrote: »

Sorry about the mistype, he is my ex! I know I've dug my own hole, to be fair its half of the reason we split, he'd been asking me for a long time to cancel the claim so we could do things properly but for one reason and another I never got round to it, I eventually cancelled it a couple of weeks before he moved out as I thought he was going to tell someone. I'm in the position now where my finances are already stretched beyond reason, If I was to contact HMRC now and admit the mistake the money they would take back would cripple me. To be fair though and people wont like this, if the system is so great how hasn't it clocked that my partner was living with me for over 18 months ???

Make no mistake, they WILL take action to recover any overpayments even if it's not this year or maybe even next year, it will eventually catch you out. You must also be aware that it's not just the overpayment it's also the fraud involved and whatever action they choose to take in the future will not be something that you can avoid.

If you contact them first, you might be able to arrange a repayment schedule that may not be as harsh.

Darksparkle

Newbie1982 wrote: »

Sorry about the mistype, he is my ex! I know I've dug my own hole, to be fair its half of the reason we split, he'd been asking me for a long time to cancel the claim so we could do things properly but for one reason and another I never got round to it, I eventually cancelled it a couple of weeks before he moved out as I thought he was going to tell someone. I'm in the position now where my finances are already stretched beyond reason, If I was to contact HMRC now and admit the mistake the money they would take back would cripple me. To be fair though and people wont like this, if the system is so great how hasn't it clocked that my partner was living with me for over 18 months ???

Do you honest expect them to be able check the millions of claims there are for tax credits on a real time basis? How many people do you think HMRC employ?

I honestly hope you get caught. It's people like you that cause honest people to have to jump through hoops to claim what they are entitled to.

Cheeky_Monkey

Newbie1982 wrote: »

Sorry about the mistype, he is my ex! I know I've dug my own hole, to be fair its half of the reason we split, he'd been asking me for a long time to cancel the claim so we could do things properly but for one reason and another I never got round to it, I eventually cancelled it a couple of weeks before he moved out as I thought he was going to tell someone. I'm in the position now where my finances are already stretched beyond reason, If I was to contact HMRC now and admit the mistake the money they would take back would cripple me. To be fair though and people wont like this, if the system is so great how hasn't it clocked that my partner was living with me for over 18 months ???

Nobody is saying that the system is 'great'. If this gets as far as a prosecution, you may find that your 'ex' is called as a prosecution witness and it is likely to result in a finding of 'deliberate fraud'.

Your attitude stinks IMO. You can make all the excuses you like but there is no doubt in my mind that you WILL be caught and will pay a very heavy price not only financially but a possible criminal conviction and you will only have yourself to blame.

TELLIT01

If/when you get caught you won't be able to claim it was an oversight or that you didn't know. They will interview your ex and if he has any sense he won't dig a hole for himself by lying for you. If he tells them you broke up because you wouldn't inform HMRC of your change of circumstances, it's almost a slam dunk for a fraud charge. You need to wake up to the situation and act.

Alice_Holt

TELLIT01 wrote: »

I don't know the rules around Tax Credits and what the description of a 'couple' is, but for some benefits you don't have to be living in the same property to be There is a possibility, and I put it no stronger than that, that you should have been classed as a couple even before he moved in.

I would put it more strongly than possible.
Living together is just one of the tests HMRC apply.

In normal circumstances HMRC would accept the claimant's word that moving in together marked a change of relationship that amounted to Living Together as Man and Wife.
However, where the claimant has been found to be fraudulent by HMRC after investigation, HMRC are then very likely to go back further and (in the OP's case) seek to recover tax credits for longer than the two years. The onus will fall on the OP to show that she wasn't LTaMaW in the previous 5 years.


I would think that the changes in TC status from single to couple, and then the very quick change back to single, would prompt HMRC to look carefully at the OP's case. The linked financial details at her address (easily found by way of a credit check) will be sufficient to trigger an overpayment demand.
https://revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/dealing-with-mistake-and-fraud/

https://revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/dealing-with-mistake-and-fraud/fraud/

As others have said HMRC will notify fraud to DWP and the LA.
So, if the OP has been claiming other benefits fraudulently she can expect to repay these benefits as well.

The best advice for the OP is to tell HMRC of the fraudulent claim, and then the OP may wish to consider increasing her earned income, so that she can afford to survive whilst repaying the money fraudulently claimed.
https://www.moneysavingexpert.com/family/make-money/
http://www.lowbudgetliving.co.uk/

Alice_Holt

Darksparkle wrote: »

I honestly hope you get caught. It's people like you that cause honest people to have to jump through hoops to claim what they are entitled to.

Quite.

The OP has not just stolen money from tax-payers, she has contributed to the toxic attitude towards those disabled people who are reliant on benefits.

The cheats and scroungers narrative, that can cause so much misery for genuine claimants.
Those undergoing ESA and PIP re-assessments with conditions that won't improve, just because the government seeks to assuage voters who view all benefit claimants as "cheats".
Taxpayers footing the huge bill for private companies such as ATOS etc, running flawed assessments.
Those who fail their assessment and then face the stress of appealing.
Those with a valid claim who don't claim (AA, etc) because of fear of being labelled a cheat.
Etc, etc

The OP should be thoroughly ashamed of herself. But I expect she will continue to make excuses and play the victim.
" if the system is so great how hasn't it clocked that my partner was living with me for over 18 months ??? ..... I eventually cancelled it a couple of weeks before he moved out as I thought he was going to tell someone..."

Words fail me.

In reality though, benefit fraud is small (around 1%) .
https://www.indy100.com/article/benefit-fraud-tax-dodging-paradise-papers-evasion-avoidance-billions-government-statistics-8056846