working tax credit only on my partners name

[zack_pathan]

Hi,
i entered UK on 5th Feb 2013 on spouse visa, my partner is a British born, i applied my spouse visa from abroad under old rules (before 9th July 2012) in January 2015 i will apply for my ILR.

my question is when i entered uk in 2013 my wife was already claiming working tax credits and child tax credits under her name, she got 3 ids from her X husband, after i arrived to Uk my wife did not inform tax credit department or any other department that her spouse has joined her, we thought that because i applied visa abroad so they will automatically come to know that her spouse joined her and since then till date she is claiming working tax credits only under her name, she is working part time and i am not working at all looking for job or business, i am not claiming any benefit, nor my wife is claiming any benefit all she is claiming is working tax credit and child tax credit both under her name alone.

i wanted to know next year when i will apply for ILR will it effect my case or will it effect my wife's tax credit claim, as i read on this forum that she should claim tax credit under both names but she is being claiming in only under her name and now its been more then 1 year that i am living with her and she is claiming it only under her name and we haven't informed tax credit department that i joined her as a spouse partner and my wife's current circumferences changed andshe is not single anymore... Please advice what can i do as 1 year been passed and we did such mistake ... Thanks a lot

[Amber]

There is a legal requirement to inform the HMRC of a change of circumstance which your spouse needs to do. Depending on your income, there could be a substantial overpayment or there equally could have been an underpayment.

[LoveMyBaby786]

Hello this happened to me recently. My husband joined me in march and I didnt inform the hmrc until 2 months later as it just slipped my mind. I am a british citizen and was claiming child tax credit.
Now for those 2 months my husband was here in the uk and I didnt tell them I have to pay back the money they paid me for those 2 months but I can pay it back over a certain amount of time.
I will strongly advise you to let the tax office know as soon as possible as your wife may have to claim back whatever she was claiming as a single person because really you should now be claiming as a joint. Hope all works out well

[zack_pathan]

Hi Amber.

Thanks for your reply as u said that it is a legal requirement to inform the HMRC of a change of circumstance which my spouse needs to do. HMRC sent my spouse a routine yearly letter in which they ask about change of circumstances so should we inform them through that letter and how i will satisfy them as we haven't informed them about her change of circumstances which took place in Feb 2013 when i joined her. how we can overcome the mistake which we made by not telling them actually we did not know that its a legal requirement to inform them. also how they will calculate if they have over paid her or under payed her as i am not working and she is working 3 days a week and her average salary is around 1200 pounds a month she got three kids living with us they are from her x husband, she has her own house mortgaged .

[zack_pathan]

Hello this happened to me recently. My husband joined me in march and I didnt inform the hmrc until 2 months later as it just slipped my mind. I am a british citizen and was claiming child tax credit.
Now for those 2 months my husband was here in the uk and I didnt tell them I have to pay back the money they paid me for those 2 months but I can pay it back over a certain amount of time.
I will strongly advise you to let the tax office know as soon as possible as your wife may have to claim back whatever she was claiming as a single person because really you should now be claiming as a joint. Hope all works out well

thanks for your reply, love my baby you informed HMRC two months late from the date your husband joined you why hmrc took money back from you which you claimed after your husband joined you was your earning as a couple was very high or they don't give child tax credit ones you get married and live as a couple, will they also take all claimed money working tax and child tax credit back from my wife which she was claiming there is no change in her income, as i am not working, her income is same as it was before we married. plz suggest

[LoveMyBaby786]

I think the reason I had to pay back the 2 months of child tax credit was because I claimed that on a single claim. I have put in a new claim now as a joint couple but havent recieved a response yet as they only just recently recieved my form.
I am not sure what your circumstances would be but I think your wife may have to pay back whatever she claimed on her single claim because really she was living with you ad a couple so it is best to inform them now and they can advise/tell you what to do