Child Benefit

HathawayTR

My husband and I separated 2 years ago, but live in the same household. We are unable to sell our home which is why we live in the same home. We can not afford to run 2 homes. I claim child benefit as I am under the threshold. however my husband, is a higher earner. My husband (we are still married until we sell) has received a letter saying he is claiming when he is not entitled to and has to pay it back. I thought I could claim if I was single. Should I not be claiming? 

bryanb

But you are not single

peteuk

Sounds like they are still treating you as a couple, hence your claiming and they are asking for it back.  

As you note you separated 2 yrs ago, I assume you have separate bank accounts do two separate shops and live in separate bedrooms.  This needs to be explained to HMRC/DWP.  If you dont then they may see it as your still a couple and therefore will continue to do so.

BarkingandBlooming

This happened to a friend of mine, don't mean to scare you but she did have to pay it back even though her husband did move out and had a separate residence, but as his name was still on the mortgage and more importantly the Council Tax they pursued her for it. My advice to you is go to a solicitor and get a legal separation then it might give you some standing going forwards, but I'm not even sure if they will accept this. I think in the eyes of the law you are still a married couple living under the same roof so it will be seen as a joint income. Sorry hope this helps

YBR

Doesn't your husband pay it back through his tax, since he is the higher earner?

Baldytyke88

HathawayTR said:

My husband and I separated 2 years ago, but live in the same household. We are unable to sell our home which is why we live in the same home. We can not afford to run 2 homes. I claim child benefit as I am under the threshold. however my husband, is a higher earner. My husband (we are still married until we sell) has received a letter saying he is claiming when he is not entitled to and has to pay it back. I thought I could claim if I was single. Should I not be claiming? 

Its sounds like you have the same housing costs as a couple, so perhaps they are right to treat you both as a couple?

HathawayTR

Thank you for your responses. I am single, as my x earns his money and I earn mine, due to the circumstances he doesn't financially help me. I can not leave until we sale the house, which has been on the market for 2 years. The child benefit comes to me. The divorce can not be finalised until we sale the house. I will speak to HMRC and see if I have to pay the money back and if I can set up a payment plan

Dazed_and_C0nfused

HathawayTR said:

Thank you for your responses. I am single, as my x earns his money and I earn mine, due to the circumstances he doesn't financially help me. I can not leave until we sale the house, which has been on the market for 2 years. The child benefit comes to me. The divorce can not be finalised until we sale the house. I will speak to HMRC and see if I have to pay the money back and if I can set up a payment plan

I very much doubt HMRC will discuss your ex husband's tax affairs with you.

If he is the higher earner, as you originally said, he will be the one who is liable to HICBC, and any late payment interest or late payment penalties that might apply.

You can always pay your husband direct.

peteuk

HathawayTR said:

Thank you for your responses. I am single, as my x earns his money and I earn mine, due to the circumstances he doesn't financially help me. I can not leave until we sale the house, which has been on the market for 2 years. The child benefit comes to me. The divorce can not be finalised until we sale the house. I will speak to HMRC and see if I have to pay the money back and if I can set up a payment plan

You’re separated but not divorced, you state your single which i get but haven't answered the key question do you buy, cook and eat separate meals.  Have seperate bank accounts, do you claim other benefits as a single parent. Because at the point you say no, your not living seperate lives and HMRC may well still see you at a couple.

At this point you can take an ad out in the local paper and scream I’m single, but it will do little to change the view of HMRC.  And as noted they wont discuss your ex’s tax details with you.  As for you claiming it, it has always been that only one parent claims but the joint situation taken into account when looking at the claim.

sheramber

Do you have  a court order for the separation?  

Without a court order you would need to convince  to HMRC that you do not share any expenses such as food bills, you live separate lives, sleep in separate rooms, eat separately,  etc to be considered 'single'.

Just saying so will not be sufficient.

The charge is on your husband so it is he who will have to contact HMRC about any payment arrangements.