Child benefit reclaim from HMRC

PA71

Hi all, I need some advice please. I apologise if a similar thread has been posted.

I have had a letter from HMRC demanding over £1200 back for child benefit for last year.

I separated 3 years ago and the children stay with me 2 nights a week based on our court order. My ex has always received the child benefit and I never see a penny of it nor do I want it. But last year I was made redundant and received severance pay some of which was taxed. So this took my annual salary over the 50K threshold. the court order was in place before I received the severance pay. Now they want me to pay back child benefit I never received!

I called them up and explained this but the lady said I need to prove that I have been living separately and that the children don't live with me.

Is this right? How can I be expected to pay back something I have never received?

I already pay a lot in in child maintenance and having to pay this on top seems completely unfair. What should I do?

YBR

For a couple with children where either adult earns over the threshold, the child benefit is taxed back regardless of which adult receives child benefit.
So We'd have to assume you and your ex are still regarded by HMRC as one household. Supply the information they have asked for and the situation should resolve.

PA71

Thanks. Should I send them my council tax bills showing I have been living separate for the last 3 years?
Is that enough?
Surely they know who my ex is, where she lives and how much she earns.

Dazed_and_confused

This isn't about your ex. It is your bill.

Have you looked at the information on gov.uk?

https://www.gov.uk/child-benefit-tax-charge/your-circumstances-change

PA71

Dazed_and_confused wrote: »

This isn't about your ex. It is your bill.

Have you looked at the information on gov.uk?

https://www.gov.uk/child-benefit-tax-charge/your-circumstances-change

I know. But surely it matter whether I live alone or with the kids. I live alone. The children live with their mother and I have never received the money I am being asked to pay back.

The link clearly refers to "your partner". I don't have one.

sheramber

It does matter but at the moment they do not know you no longer live with your wife.

'Partner' refers to a spouse or a partner.

Send them a copy of th separation order/ court order.

If you want more information phone them and ask what documents would sufficient.

Honesypays

I imagine you have evidence of separation date, court order and bank statements as well as bills that show you live as a single person (council tax). Have every bit of evidence at hand. You bank statements covering the whole period they are trying to claim back for. Did you inform them when you separated, did you Ex partner? Do you have proof of this? Any proof from any communications you have should be included whether they ask for it or not, all sent registered post. If your Ex partner has to also send in proof it will show payments on their account. Are you/were you married, are you divorced or in the process of. The .gov website is a wealth of information regarding these things but I have always found the helpline with a real human on the other end to be most beneficial to my enquiries. I'm no expert but I hope it helps. It seems very wrong to ask for money back from someone it wasn't paid to. It's like you working but your ex being paid for the work you do, into their account. Wrong IMO.

xylophone

See

https://revenuebenefits.org.uk/child-benefit/guidance/how-do-child-benefit-and-guardians-allowance-work/high-income-child-benefit-charge/

PA71

Update!

After sending HMRC proof that I am a single resident and a copy of our child arrangement order indicating that the children live with their mother, I finally received a response from them.

They now say that according to their records I am still in receipt of child benefit and therefore I will have to pay back over £1700.

I am amazed at the incompetence of these people. I have no idea what record they are talking about because if they actually bother to check, the child benefit has been going to an account belonging to my ex, registered at the address where she lives.

I have not seen a penny of child benefit since we separated 3 years ago.

What shall I do now? How can I prove I have not received any CB for 3 years? Surely they can check this as they are the ones paying it and can check who they are paying it to.

At times it feels like I am dealing with a bunch of utter retards.

xylophone

I called them up and explained this but the lady said I need to prove that I have been living separately and that the children don't live with me.

You have proved that you have been living separately for three years and still do?
You can prove/have proved that the children lived elsewhere for those three years and still do?

You have proof that your children's mother has claimed the benefit for your children for those years and still does?

If so, make a formal complaint in writing.

PA71

xylophone wrote: »

You have proved that you have been living separately for three years and still do?
You can prove/have proved that the children lived elsewhere for those three years and still do?

You have proof that your children's mother has claimed the benefit for your children for those years and still does?

If so, make a formal complaint in writing.

Thanks.
Yes, I have proof of all that. I already sent them the proof.

I think the problem is that the child benefit still went into a shared bank account which had my name on it. I never used the money. She did. She is happy to tell them this but the question is whether then will accept it.

I will not paying back a penny. They can take me to court if they wish.