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  • FIRST POST
    • NoNoDrama
    • By NoNoDrama 5th Jun 18, 9:24 PM
    • 223Posts
    • 64Thanks
    NoNoDrama
    Tricky Tax Credit/Benefit Scenario
    • #1
    • 5th Jun 18, 9:24 PM
    Tricky Tax Credit/Benefit Scenario 5th Jun 18 at 9:24 PM
    So female lives apart from partner (both have their own places, pay their own rent/council tax).

    1 child lives with female. Female is on SMA (basic Maternity pay).

    Partner had been previously supporting female, affectively paying rent on both properties.

    However, partner loses job so is now on JSA. Partner needs to claim housing and council tax benefit for his own place.

    As partner is on JSA mother needs assistance. Assistance would be via child tax credits which you can claim whilst on SMA.

    As they are 'together' tax credits so claim should always be joint. But isn't the joint claim in this scenario going to affect the fathers separate claim for JSA/Council Tax/Housing benefit?

    How would it work separating the claim/s?
Page 1
    • Ineededaname
    • By Ineededaname 5th Jun 18, 10:14 PM
    • 15 Posts
    • 5 Thanks
    Ineededaname
    • #2
    • 5th Jun 18, 10:14 PM
    • #2
    • 5th Jun 18, 10:14 PM
    I think it's likely they would be treated separately if they are not living together or married but I'm not certain for tax credit purposes. Best to contact someone and ask + declare everything honestly.
    • Darksparkle
    • By Darksparkle 5th Jun 18, 10:22 PM
    • 5,111 Posts
    • 3,318 Thanks
    Darksparkle
    • #3
    • 5th Jun 18, 10:22 PM
    • #3
    • 5th Jun 18, 10:22 PM
    Do you mean SMP, Statutory Maternity Pay?

    If partners don't live together as if husband and wife then you make a single claim.

    Do you receive child maintenance from the father?
    • NoNoDrama
    • By NoNoDrama 5th Jun 18, 11:03 PM
    • 223 Posts
    • 64 Thanks
    NoNoDrama
    • #4
    • 5th Jun 18, 11:03 PM
    • #4
    • 5th Jun 18, 11:03 PM
    Yes , sorry SMP (not SMA) No official Child Maintenance from the father but he was supporting financially to keep both properties going and helping with child. Difference is now no job...he can't support me and will only be able to pay for rent on own property via benefits.

    This leaves the mother to claim. Mother doesn't want to fall foul...if she declared single and they did a recalculation later on a joint claim...I'm pretty sure there wouldn't be anything to pay back. But she doesn't want fall foul in the first place.

    It's very confusing now he has no job income.
    Last edited by NoNoDrama; 05-06-2018 at 11:35 PM.
    • NoNoDrama
    • By NoNoDrama 5th Jun 18, 11:11 PM
    • 223 Posts
    • 64 Thanks
    NoNoDrama
    • #5
    • 5th Jun 18, 11:11 PM
    • #5
    • 5th Jun 18, 11:11 PM
    Do you mean SMP, Statutory Maternity Pay?

    If partners don't live together as if husband and wife then you make a single claim.
    Originally posted by Darksparkle
    I believe for tax credit purposes this isn't true. Don't they use some gray area public perception of whether they a couple or not?

    This is why father helped with up-keep so much in first place and mother hasn't claimed so far for tax credits.
    • Alice Holt
    • By Alice Holt 5th Jun 18, 11:17 PM
    • 2,140 Posts
    • 2,496 Thanks
    Alice Holt
    • #6
    • 5th Jun 18, 11:17 PM
    • #6
    • 5th Jun 18, 11:17 PM
    https://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Darksparkle
    • By Darksparkle 5th Jun 18, 11:17 PM
    • 5,111 Posts
    • 3,318 Thanks
    Darksparkle
    • #7
    • 5th Jun 18, 11:17 PM
    • #7
    • 5th Jun 18, 11:17 PM
    I believe for tax credit purposes this isn't true. Don't they use some gray area public perception of whether they a couple or not?

    This is why father helped with up-keep so much in first place and mother hasn't claimed so far for tax credits.
    Originally posted by NoNoDrama
    https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm09320

    A couple means:
    two people who are not married to each other but are living together as if they were (LTAMC),

    https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm09340
    • PJG
    • By PJG 13th Jun 18, 10:11 PM
    • 6 Posts
    • 1 Thanks
    PJG
    • #8
    • 13th Jun 18, 10:11 PM
    • #8
    • 13th Jun 18, 10:11 PM
    I have a qestion, received a letter from HMRC regarding tax credit claim for period 4/05, so 13 years ago, been divorced since 2008, my x has remarried for 3years, I always understood from accountants that financial statute ends at 7 years, as you only keep financial history for 7 years. However the woman I spoke to as I checked the tel number against hmrc website, said that hmrc doesn!!!8217;t have to abide by that rule/law. Am unable verify what she has said. Any ideas??
    • poppy12345
    • By poppy12345 13th Jun 18, 11:04 PM
    • 2,799 Posts
    • 2,764 Thanks
    poppy12345
    • #9
    • 13th Jun 18, 11:04 PM
    • #9
    • 13th Jun 18, 11:04 PM
    I have a qestion, received a letter from HMRC regarding tax credit claim for period 4/05, so 13 years ago, been divorced since 2008, my x has remarried for 3years, I always understood from accountants that financial statute ends at 7 years, as you only keep financial history for 7 years. However the woman I spoke to as I checked the tel number against hmrc website, said that hmrc doesn!!!8217;t have to abide by that rule/law. Am unable verify what she has said. Any ideas??
    Originally posted by PJG
    Some debt becomes statute barred after 6 years in England/Wales/N Ireland but HMRC and DWP amongst some others aren't included in this. See this link.
    https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx
    • Darksparkle
    • By Darksparkle 14th Jun 18, 5:47 AM
    • 5,111 Posts
    • 3,318 Thanks
    Darksparkle
    I have a qestion, received a letter from HMRC regarding tax credit claim for period 4/05, so 13 years ago, been divorced since 2008, my x has remarried for 3years, I always understood from accountants that financial statute ends at 7 years, as you only keep financial history for 7 years. However the woman I spoke to as I checked the tel number against hmrc website, said that hmrc doesn!!!8217;t have to abide by that rule/law. Am unable verify what she has said. Any ideas??
    Originally posted by PJG
    After 6 years they cannot take court action however they don't need to as they have other ways of pursuing the debt.
    • Icequeen99
    • By Icequeen99 14th Jun 18, 11:48 AM
    • 3,547 Posts
    • 2,400 Thanks
    Icequeen99
    Some debt becomes statute barred after 6 years in England/Wales/N Ireland but HMRC and DWP amongst some others aren't included in this. See this link.
    https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx
    Originally posted by poppy12345
    Tax credits are statute barred, it is tax that isn't.

    However as DS says that only means they can't take you to court.

    IQ
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