Tax credits overpayment: take on myself or ask ex to contribute?

Jo_R_2

I have a letter detailing an outstanding amount I have been overpaid from a joint tax credits claim prior to the one I have now as a single parent.

When I called the payments helpline, the woman told me that I could go and work out my monthly budget and suggest an amount that I could afford to pay, then call them back.

I went to do this, and thought... hang on! Although the letter is addressed to me, it has both me and my ex's names and NI numbers on. Am I right in understanding that they would have only written to me as he doesn't have a current claim; he hasn't mentioned anything about having received a letter and tbh I'm a bit miffed if this is the case!

I am loathe to take this debt on alone as it was a joint claim, and my feelings are exacerbated more by the fact that he doesn't pay any maintenance for our DDs, and also that I am currently still paying off a loan that I took out in my name that paid off all his debts when we first moved in together. I'm pained that for yet another thing it looks like I'm going to be the one left paying the literal price whilst he gets away with it again. He isn't working either which makes it really difficult, as I have a feeling he'll just shrug it off; he lives with his fiancee who does work but he doesn't.

We're actually on fairly amicable terms, but money was one of the issues in our relationship. Is there anything I can do to get them to write to him or is it a matter of having to ask him myself to contribute?

Valley's_girl

Hi Jo I am sorry that you are having problems could you not get some advice from the Cab. I am sure someone will be along shortly who may be able to help you.
Ally x

newlywed

With OH and his ex, they still wrote to him about the previous overpayment on a joint claim. So they may well have written to him if they have his address.

They only sent OH the forms though so when the ex disputed it etc, he wasn't kept informed at all as they only wrote to her, except later got a form saying £0 at the bottom and had to ring to ask what that meant!!

[Deleted User]

They will have written to him too, the overpayment is jointly liable between both applicants. If you are willing to pay back half each then this would be accepted by the Debt Managment dept. Even if he isnt willing to pay it back you can explain to them that as it is a joint claim you are only willing to pay half of it. They usually agree to this.

jay1jay

Subsoniccoyote. Not sure you're right about paying back half. Claimants are jointly and seperately liable for any overpayments on joint claims, and so if HMRC can't recover from one claimant, they can (and have done in the past - many times) recover the whole of the overpayment from the other claimant. Even when a claimant has paid back half an overpayment on a joint claim, there is nothing stopping HMRC from chasing them for the rest.

[Deleted User]

If agreed with the debt management dept that you are going to pay back this should be fine.
Ask them to put it in writing or at least get themn to leave a full note and request a copy of all the household notes though a Subject Access Request.

jay1jay

'By law, both claimants are jointly responsible to pay back the whole of the overpayment, unless HMRC send out notices stating otherwise.' An almost (from memory) word for word quote from tax credit guidance. You must get it in writing to stop you being chased up later. Don't rate your chances though. Sorry to sound so pessimistic, but I don't want to get your hopes up.