Child benefit without me knowing

Happypotter1

Hi all, 

Apologies if this has been discussed but couldn't see a thread on it.

In our household there has been discussions with my partner for years regarding child benefit, she is really struggling to understand how it works. According to online, we are not entitled to it due to my salary in the £80-90k range which it has been for the past 12 years or so.(I understand it can be claimed but would have to be paid back with high income penalty charge). 

Just recently she has said that she has now started claiming it and also back dated payments, I asked how is it possible to claim with my salary, she then tells me she told them she was single so they pay out! I don't know the amount of this, she won't say and it's all been done solely by herself using her own bank account. 

I'm concerned about how this will end and what the best action is to sort it out. I have tried discussing with her again and still doesn't understand how it works. 

Any advice is much appreciated. HP

Happypotter1

Just to add, we are living together and have been for the past 15 years 

Isthisforreal99

Claiming as a single person is fraud, pure and simple.

There's nothing to stop you claiming as a couple and it being paid to your partner (and there may be a benefit in doing so, such as NI credits if your partner isn't working) but you would have to repay it due to your earnings. Eventually HMRC will join the dots and your best case scenario is you have to pay it back. Worst case they prosecute for fraud.

Happypotter1

Hi, fully agree but I really don't know what the approach is to rectify it. Tried contacting HMRC direct but told as its a 'single claim' they can't discuss anything with me. My partner is not sharing any information on it. But by the looks of any information I can see online, it would be me liable to pay it back. 

I will have to submit my tax return in May, I can't even get the figures to complete the benefits section 

Isthisforreal99

Does she understand the ramifications of her getting caught claiming as a single parent?

Can only suggest you find a way to convince her to tell you how much it is so you can repay it otherwise it's you that is filing an inaccurate tax return and tbe repurcussions of doing so. That said the amounts of Child Benefit are a standard amount so you should be able to work it out.

Dazed_and_C0nfused

You may find this section helpful,

If you cannot get information from your partner or ex-partner

https://www.gov.uk/child-benefit-tax-charge/pay-tax-charge-self-assessment

Happypotter1

I have explained and even showed what can happen to no prevail.  My biggest concern is (probably sounding selfish) I have to make the repayments weather it be paid up front or monthly installments, either way it would either wipe out savings or really put strain on the monthly budget. This seems to have stemmed from a friends advice who have said they have been claiming it for many years with no issues. The difference in the situations are they are self employed, likely paying themselves low salary and well within the salary claims limits. 

sheramber

Happypotter1 said:

Hi, fully agree but I really don't know what the approach is to rectify it. Tried contacting HMRC direct but told as its a 'single claim' they can't discuss anything with me. My partner is not sharing any information on it. But by the looks of any information I can see online, it would be me liable to pay it back. 

I will have to submit my tax return in May, I can't even get the figures to complete the benefits section 

They cannot discuss the case with you but there is nothing stopping you reporting a fraudulent claim.

https://www.gov.uk/report-benefit-fraud

Happypotter1

sheramber said:

Happypotter1 said:

Hi, fully agree but I really don't know what the approach is to rectify it. Tried contacting HMRC direct but told as its a 'single claim' they can't discuss anything with me. My partner is not sharing any information on it. But by the looks of any information I can see online, it would be me liable to pay it back. 

I will have to submit my tax return in May, I can't even get the figures to complete the benefits section 

They cannot discuss the case with you but there is nothing stopping you reporting a fraudulent claim.

Agree and have done so however it says it can take months to look into and that's if they have the resources to do so. I'm the meantime claims can still be made increasing the amount due. 

Yamor

A couple of points worth noting:

1. Child Benefit is always claimed by a single person. It is not a joint claim. They just ask for details about your partner on the claim form in order to make sure they get the rate correct (only one of you can get the higher rate for first child, for example). This section of the claim form was there even before the HICBC was introduced, for that reason.

2. She is completely within her rights to make a claim for Child Benefit, despite the HICBC applying.

As such, although it clearly isn't correct of her to not disclose her partner when she claimed, she is not actually getting anything she isn't entitled to receive. She has only (perhaps) made it more difficult for HMRC to catch YOU if you don't pay the HICBC.

Ultimately, the only person who will have done anything seriously wrong is YOU, if you don't pay the HICBC.

NedS

Yamor said:

A couple of points worth noting:

1. Child Benefit is always claimed by a single person. It is not a joint claim. They just ask for details about your partner on the claim form in order to make sure they get the rate correct (only one of you can get the higher rate for first child, for example). This section of the claim form was there even before the HICBC was introduced, for that reason.

2. She is completely within her rights to make a claim for Child Benefit, despite the HICBC applying.

As such, although it clearly isn't correct of her to not disclose her partner when she claimed, she is not actually getting anything she isn't entitled to receive. She has only (perhaps) made it more difficult for HMRC to catch YOU if you don't pay the HICBC.

Ultimately, the only person who will have done anything seriously wrong is YOU, if you don't pay the HICBC.

Agreed. It is always YOUR responsibility to ensure you pay the right amount of tax. You should contact HMRC and clarify that you need to pay HICBC and ensure that it is paid. It's best to do this sooner rather than later to minimise any potential penalties HMRC may impose for failure to pay.