hmrc want to know my partner's income for affordability

[moneycantbuyyoulove]

hmrc have demanded £7k odd back in overpayments from my tax credit claim. I currently subsist on £250 a month, but I live with my partner who is not the father of my child and is a higher rate tax payer. He pays the mortgage and bills, I buy the food etc. I have appealed the demand, but they say that I have to pay the amount back before they have decided the appeal.

 

They started to take me through affordability so that we could agree a payment plan, but obviously I cannot afford to pay back much on such a low income. They asked for details of my partner's income and liabilities. He has categorically refused to give these, stating that this is not his debt and nothing to do with him. This is true - it was an overpayment from before we were living together, and it is not his child.

 

Does anyone know what hmrc will say to me when I tell them that he has refused to give details? Can they go after him for my debts? Will they settle for me paying them off at a rate that I can afford?

 

I find it so stressful dealing with hmrc. I suffer from mental health problems and now every time brown envelopes arrive I have a panic attack.

 

My partner is already furious because he has to pay the child benefit charge and I think he might well leave me at this rate and then I'd be eligible for the full £13k tax credits anyway - is this of any use in negotiating with hmrc do you think?

[wiseajak]

Hello,

 

Quite rightly so he has refused, it has nothing to do with him and im fairly certain they haven't the right to even ask for your partners incomings and outgoings.

 

 

They cannot chase him for your debt. !!!

 

I know how u feel as iv had to deal with a similar situation with my partner and i too suffer from mental health issues.

 

I can assume u are on benefits?

 

They can only get what u can reasonably afford, dont ask them, TELL them that you can only afford £x until your circumstances change, without it causing u hardship. They HAVE to settle with that, you cant get blood from a stone!!

 

 

Also explain that you are vulnerable and suffer from mental health difficulties. Put this all in writing and send via recorded delivery, u can also call them if unlike and state that u have also put it in writing. See how you get on.

 

Are u married or just living together? Others with more knowledge will hopefully be along to help soon.

[tezza1234]

Not 100% sure but i think it also depends how long you have been with partner for, at the end of the day it matters not if you are married or not or that he is not childs father, you are living together therfor he has taken on you and the child (i think that's the laws viewpoint on it)

[moneycantbuyyoulove]

So, Good News! I rang hmrc today and explained to them that my partner wasn't giving him his details and wasn't going to pay my debt for me. They accepted this absolutely no problem (they were just trying it on before). The best thing was that I told them up front that I am bipolar and after that they were much more helpful. It's almost like you have to get them on side - once I had explained that and the fact that I shouldn't have to repay the overpayment anyway, the lady was extremely nice.

 

She took me through affordability and we established that financially I cannot afford to pay them anything. She then cancelled the direct debit that I have with them and referred me to the hardship committee.

 

Does anyone know what the hardship committee do?? She said they probably wouldn't do anything and the onus was on me to come back to them then I was earning a bit more.