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Child Benefit reclaim letter
#1
Hi all, I need some help please.

I have had a letter from HMRC demanding over £1200 back for child benefit for last year. 

I separated 3 years ago and the children stay with me 2 nights a week based on our court order. My ex has always received the child benefit and I never see a penny of it nor do I want it. But last year I was made redundant and received severance pay some of which was taxed. So this took my annual salary over the 50K threshold. 

I called them up and explained but the lady said I need to prove that I have been living separately and that the children don't live with me. 

Is this right? How can I be expected to pay back something I have never received?
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#2
this is exactly my situation - I need to pay back HMRC for the CHB money my ex received while "we're together" from 2017-18, some £ 1000. I updated my tax return to declare and paid them back. I have also asked to remove me from self assessment (for 2018-19) with a reasoning that I haven been separated from children mother, but I guess I will be asked to prove the separation then based on your experience !
I couldn't believe I have to pay back the money claimed by Ex when I first learnt that too ! But as I'm going thru finance resolution with ex, I will definitely include that as liability !
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#3
(06-02-2019, 12:56 PM)SeanS Wrote: this is exactly my situation - I need to pay back HMRC for the CHB money my ex received while "we're together" from 2017-18, some £ 1000. I updated my tax return to declare and paid them back. I have also asked to remove me from self assessment (for 2018-19) with a reasoning that I haven been separated from children mother, but I guess I will be asked to prove the separation then based on your experience !
I couldn't believe I have to pay back the money claimed by Ex when I first learnt that too ! But as I'm going thru finance resolution with ex, I will definitely include that as liability !

Well I am going to argue out of it. 
I will get legal advice and go to my MP if I have to.
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#4
(06-02-2019, 08:53 AM)miker_71uk Wrote: Hi all, I need some help please.

I have had a letter from HMRC demanding over £1200 back for child benefit for last year. 

I separated 3 years ago and the children stay with me 2 nights a week based on our court order. My ex has always received the child benefit and I never see a penny of it nor do I want it. But last year I was made redundant and received severance pay some of which was taxed. So this took my annual salary over the 50K threshold. 

I called them up and explained but the lady said I need to prove that I have been living separately and that the children don't live with me. 

Is this right? How can I be expected to pay back something I have never received?

Does your Court Order start before you got this payment?
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
(06-02-2019, 04:01 PM)MarkR Wrote:
(06-02-2019, 08:53 AM)miker_71uk Wrote: Hi all, I need some help please.

I have had a letter from HMRC demanding over £1200 back for child benefit for last year. 

I separated 3 years ago and the children stay with me 2 nights a week based on our court order. My ex has always received the child benefit and I never see a penny of it nor do I want it. But last year I was made redundant and received severance pay some of which was taxed. So this took my annual salary over the 50K threshold. 

I called them up and explained but the lady said I need to prove that I have been living separately and that the children don't live with me. 

Is this right? How can I be expected to pay back something I have never received?

Does your Court Order start before you got this payment?

Yes over a year before.

But the order states that "the children shall live with both parents" and then it specifies the number of nights they stay with me, which is 2 a week.
It doesn't say that the children reside with their mother. This is what I am afraid of.
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#6
(06-02-2019, 05:19 PM)miker_71uk Wrote:
(06-02-2019, 04:01 PM)MarkR Wrote:
(06-02-2019, 08:53 AM)miker_71uk Wrote: Hi all, I need some help please.

I have had a letter from HMRC demanding over £1200 back for child benefit for last year. 

I separated 3 years ago and the children stay with me 2 nights a week based on our court order. My ex has always received the child benefit and I never see a penny of it nor do I want it. But last year I was made redundant and received severance pay some of which was taxed. So this took my annual salary over the 50K threshold. 

I called them up and explained but the lady said I need to prove that I have been living separately and that the children don't live with me. 

Is this right? How can I be expected to pay back something I have never received?

Does your Court Order start before you got this payment?

Yes over a year before.

But the order states that "the children shall live with both parents" and then it specifies the number of nights they stay with me, which is 2 a week.
It doesn't say that the children reside with their mother. This is what I am afraid of.

It is enough, as its shows your not living with your Ex, and that she would be the one getting payments.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#7
I used the seperation date on the D81 (Statement of Information for Consent Order) to calculate what I owed on my Self Assessment Form.
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#8
(06-03-2019, 07:51 AM)MarkR Wrote:
(06-02-2019, 05:19 PM)miker_71uk Wrote:
(06-02-2019, 04:01 PM)MarkR Wrote:
(06-02-2019, 08:53 AM)miker_71uk Wrote: Hi all, I need some help please.

I have had a letter from HMRC demanding over £1200 back for child benefit for last year. 

I separated 3 years ago and the children stay with me 2 nights a week based on our court order. My ex has always received the child benefit and I never see a penny of it nor do I want it. But last year I was made redundant and received severance pay some of which was taxed. So this took my annual salary over the 50K threshold. 

I called them up and explained but the lady said I need to prove that I have been living separately and that the children don't live with me. 

Is this right? How can I be expected to pay back something I have never received?

Does your Court Order start before you got this payment?

Yes over a year before.

But the order states that "the children shall live with both parents" and then it specifies the number of nights they stay with me, which is 2 a week.
It doesn't say that the children reside with their mother. This is what I am afraid of.

It is enough, as its shows your not living with your Ex, and that she would be the one getting payments.

Thanks Mark.
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#9
Update!

After sending HMRC proof that I am a single resident and a copy of our child arrangement order indicating that the children live with their mother, I finally received a response from them.

They now say that according to their records I am still in receipt of child benefit and therefore I will have to pay back over £1700.

I am amazed at the incompetence of these people. I have no idea what record they are talking about because if they actually bother to check, the child benefit has been going to an account belonging to my ex, registered at the address where she lives.

I have not seen a penny of child benefit since we separated 3 years ago.

What shall I do now? How can I prove I have not received any CB for 3 years? Surely they can check this as they are the ones paying it and can check who they are paying it to.

At times it feels like I am dealing with a bunch of utter retards.
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#10
(07-08-2019, 04:53 PM)miker_71uk Wrote: Update!

After sending HMRC proof that I am a single resident and a copy of our child arrangement order indicating that the children live with their mother, I finally received a response from them.

They now say that according to their records I am still in receipt of child benefit and therefore I will have to pay back over £1700.

I am amazed at the incompetence of these people. I have no idea what record they are talking about because if they actually bother to check, the child benefit has been going to an account belonging to my ex, registered at the address where she lives.

I have not seen a penny of child benefit since we separated 3 years ago.

What shall I do now? How can I prove I have not received any CB for 3 years? Surely they can check this as they are the ones paying it and can check who they are paying it to.

At times it feels like I am dealing with a bunch of utter retards.

I have a feeling that you claimed it in your name, and the money is going into a Bank Account your ex has. I suggest you contact your MP, and they will have a case worker take this up.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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