married tax allowance query

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  • polymaff
    polymaff Posts: 3,904 Forumite
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    edited 20 October 2018 at 8:30PM
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    I think that I understand where you are coming from but if you explicitly associate "plus" with the rest of the sentence, does

    "actually worth £900, plus increase in my tax allowance in the future."

    make any more sense?
  • RG2015
    RG2015 Posts: 5,905 Forumite
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    edited 20 October 2018 at 9:25PM
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    The link below may help but it does include the following statement.

    If you and your spouse or civil partner are separated through circumstance rather than through a decision to formally separate, you can still claim Married Couple’s Allowance.

    It does appear that a definition of “formal separation” is required.

    https://www.gov.uk/married-couples-allowance/what-youll-get

    PS: Dazed and Confused has picked up that I have quoted and linked to the married couples allowance rather that the marriage allowance.
  • Dazed_and_confused
    Dazed_and_confused Posts: 6,458 Forumite
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    Don't forget the op is talking about Marriage Allowance.

    Married Couple's Allowance is worth closer to £900 per year but has its own rules which aren't necessarily the same as Marriage Allowance. And to be honest I doubt the op qualifies for Married Couple's Allowance
  • RG2015
    RG2015 Posts: 5,905 Forumite
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    Dazed_and_confused wrote: »
    Don't forget the op is talking about Marriage Allowance.

    Married Couple's Allowance is worth closer to £900 per year but has its own rules which aren't necessarily the same as Marriage Allowance. And to be honest I doubt the op qualifies for Married Couple's Allowance
    Thanks D&C, I see that my link and quote are incorrect.

    I have inserted a new link for the OP below but it is less specific and only talks about cancelling MAT if the couple divorce.

    It is certainly worth pursuing this as there is no formal legal separation in place.

    https://www.gov.uk/marriage-allowance

    https://www.gov.uk/marriage-allowance/if-your-circumstances-change
  • polymaff
    polymaff Posts: 3,904 Forumite
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    The HMRC links given are travesties of the truth with respect to MAT.

    Harder to read, but the actual facts are in the legislation:

    http://www.legislation.gov.uk/ukpga/2014/26/section/11
  • RG2015
    RG2015 Posts: 5,905 Forumite
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    polymaff wrote: »
    The HMRC links given are travesties of the truth with respect to MAT.

    Harder to read, but the actual facts are in the legislation:

    http://www.legislation.gov.uk/ukpga/2014/26/section/11
    Looks clear to me then that the OP's husband is entitled to the MAT as they are still legally married.

    2)The conditions are that—
    (a)the individual is married to, or in a civil partnership with, a person who makes an election under section 55C for the purposes of this section which is in force for the tax year (“the individual's spouse or civil partner”),

    Unless there is a caveat somewhere in the legislation or the interpretation thereof that they need to be living permanently at the same address.

    There may however still be negative financial implications for the husband depending on his circumstances.
  • polymaff
    polymaff Posts: 3,904 Forumite
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    RG2015 wrote: »
    Looks clear to me then that the OP's husband is entitled to the MAT as they are still legally married.

    Agreed, subject to the beneficiary meeting:

    http://www.legislation.gov.uk/ukpga/2007/3/section/56
  • p00hsticks
    p00hsticks Posts: 12,832 Forumite
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    polymaff wrote: »
    The ONLY point I'm making is that giving a historical figure with respect to a FUTURE benefit is so barmy as to be evidence of a misunderstanding. :wall:

    But it's not just a future benefit - you can backdate Marriage allowance to when it was introduced so it's perfectly reasonable for someone applying now to say it will give them around £900 plus around £200+ a year future benefits

    From https://www.gov.uk/marriage-allowance
    "You can backdate your claim to include any tax year since 5 April 2015 that you were eligible for Marriage Allowance."
  • polymaff
    polymaff Posts: 3,904 Forumite
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    p00hsticks wrote: »
    it's perfectly reasonable for someone applying now to say it will give them around £900 plus around £200+ a year future benefits

    If only the OP had.
  • jillyfish59
    jillyfish59 Posts: 4 Newbie
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    just picked up all the comments and found them useful. thank you. . I did state initially that our claim could be backdated to 2015 resulting in the payment of 900. anyway i will find out as making the call at the weekend with hubby. his income will not be adversly affected as he is well under the 11.850 pa and will remain so being on pension and savings only. The 900 does include this tax year and the future benefit is less important but must mean that my tax allowance will increase to around 13700 for tax year 19/20.
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