Wrongly claimed benefit advice please

If I understand this right, you only claimed for a couple of months that you weren't entitled to, and can genuinely say that it was an oversight ?

In that case, I sincerely doubt they would prosecute (even if your SIL did dob you in). If you were to call them yourself, I'd have thought the most they'd do is ask you to repay the money through some sort of plan. But the system is in such disarray I doubt they'd even do that.

I certainly wouldn't rise to any comments made by his family at this time.

I agree with P & P - phone them today and tell them what happened. I have always found the tax credit people to be really helpful and I am pretty sure that if you ring them and explain there will be no question of prosecution. It costs them time and money to prosecute and there are plenty of people out there who deliberately set out to defraud them that they are trying to catch. Anyone who rings and confesses to a mistake I am sure will be believed and helped to pay back any money owed by means of some kind of plan. I expect you are probably legitimately claiming tax credit now so they would most likely pay you at a reduced rate until the debt was paid.

The crucial thing is to get in first before your SIL has time to ring them, it will make your story of a mistake far more believable for them. That sounds like I don't believe you but I don't mean that at all, I know how easy it is for these things to slide, I just mean they are more likely to believe you if it comes from you rather than her. Good luck!

I would certainly ring them, you still had the children with you and the likelyhood is that you were actually entitled to some if not all.

Are you still claiming? Was nothing picked up at your renewal?

I agree with P&P and MITG. Best to call them ASAP for peace of mind if nothing else. Voluntary declaration is better than an investigation triggered by another's call. And I can't imagine a couple of months' claim will be too bad to re-pay, will it?

I'd ring them and ask to correct the oversight. I would imagine they are highly unlikely to prosecute for such a small amount of time. More so if you offer your hands up before you are shopped.

Have look at the tax credits website, there is a section on repayments. Apparently you will be billed in full, with a 30 payment period, however, if you can demonstrate that you cannot pay in that time they will move it to a 12 month scheme.

If you are currently claiming credits, they will be issued at a reduced rate until the debt is recovered.

Always best to get in first - if an investigation is triggered then it may well count against you (additional costs etc.).

Its a couple of months claims, from four years ago. I am not sure that they would even try to recoup the money tbh.

Let her phone them - silly cow. What does she think that will achieve? How much money are we talking? A grand or so? Even if you end up paying it back, its not the end of the world.

Hugs to you.

x

WEES, phone them and tell them now.

TBH the whole system is chaos from top to bottom, so I wouldn't fret too much.

Thanks everyone for your comments. I will definitely ring them in the morning.

Wrong capacity claims for tax credits are not that straightforward, and before doing anything I would seek professional advice about this from a voluntary sector agency. PM me and I can give you some details of an organisation who can help.

I don't want to scare you, but it might not be just the case that a couple of months is all you will be overpaid. HMRC can go back and end your single claim from the date you became a couple. Technically speaking your single claim shoudl have ended, you should have made a new joint claim, and then ended that claim when you separated and made a new single claim IYSWIM.

It sounds from your post that what happened is you never reported that you were a couple, and you then split up again, so your single award continued.

If HMRC were able (and it will depend on all of the facts) to go back and end your single claim from the day you should have claimed as a couple, everything you have received since them will become an overpayment. It is one of the harsh parts of the tax credits system, because even if though you may be entitled to the money, the claim was in the wrong capacity.

Please please speak to someone and get advise on how to approach this and get someone to check your awards so they can explain the consequences of what might happen. If the tax credits are vital to your income currently, they will tell you whether HMRC will end your current claim and you will have to reapply.

If you contact me through Hitched I can give you the contact details for a charity who can help advise you.

TG

I just wanted to add that I would be very surprised if they would ever prosecute in a case like this, or impose a penalty. The overpayments that these sorts of cases generate are generally all that comes out of it.

Good luck with sorting it out.

TG