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Marriage allowance help

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Hi there all

I'm hoping that someone can help me with some info or advice.

I'm a non tax payer earning around £8000 per annum.
Back in 2015 I applied for marriage allowance. My husband earns around £48000 gross, but makes pension contributions to a personal pension of £12000 per annum. He pays tax at the basic rate after a rebate taking into consideration his pension contributions at the end of the year.
Initially we received the marriage allowance for 2016-2017.

However after a call to HMRC regarding a minor separate tax issue 2016-2017 was reassessed and the marriage allowance for that year and subsequent years has been removed creating a tax bill.

After a telephone call to HMRC they are stating that as my husband is a higher rate tax payer we don't qualify for marriage allowance.
However my husband pays tax at basic rate after the rebate at the end of the tax year taking into account hos pension contributions.

Any advice or info would be gratefully received.
Thank you

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