Client signs a TC claim with soon to be ex husband. Client notified TCO of Household end in June 2003. Nothing happens. Cl again notifies, via JC+ e-portal in October 2003 (new claim?) again nothing.

In May 2004, ex-husband having been notified of HH end goes into TCO with someone masquerading as client and tells them HH end didn't happen. Joint claim back into payment.

October 2004 and client's CTC against which no notice was received by client stops due to ex not disclosing stop work and we notice the joint claim and appeal aginst the revised decision notice and therefore the o/p.

Appeal is investigated, and after a prolonged compliance investigation we're told everything's fixed, cl will be treated as joint claimant from June 2003 and arrears will be paid.

Hooray...!

However Jone 2006 o/p recovery states "can we have all the money back that we paid you on the joint claim. That'll be 8 grand please"

We've disputed teh o/p and the decision has just come in stating that Mrs didn't do enough to notify and it's all recoverable. Furthermore, as Mr still lives at marital home, (despite 2 tribunal decisions that they're separate households and the best efforts of cl's solicitor)they won't consider recovering from Mr alone.

I think I'm out of decisions to appeal against, as the decisions were made back in '04 and early '05. We appealed and were told we'd won, however that's not the case.

Will they need to revise the outcome decision of a Compliance investigation?

If I could find a way in i'd probably argue that the telephone call in 6/03 should be treated as a new claim, however i don't know whether they can offset an underpayment against an overpayment.

I'm already well into the complaints procedure, but any idea's that people might have would be gratefully appreciated.

No tips i'm affraid! I've got one very similar - Husband moved away from marital home and the town. He told IR this but the joint claim continued to be paid to the ex wife. Our client had no idea at all that the joint claim was still being paid.

IR are now trying to recover the overpayment from my client - they have not even approached the ex-wife who is in receipt of IS and CTC as a single parent now.

I too am well into the complaints procedure but really feel like stamping my foot and yelling it's not fair!!!!!!!!

"It's not fair" is rather more diplomatic than my thoughts on the matter yesterday!

Where an overpayment arises because of a change in the couples status HMRC does have discretion to offset what they would have paid if the claim had been made correctly.

See CM15535 of the compliance manual. All of the examples it talks about are cases of an undisclosed partner, rather than a couple splitting up, but I imagine the same principal applies.

I know I've been a while re-visiting this but other issues arise. I don't know whether there's a linky to an online compliance manual. We've not got a copy here.


It's fair to say that after the initial compliance investigation offsetting was what they informed us they were going to do, and arreas would be paid to my client as her sole ents were greater than the couple claim, however they've changed their mind now it's gone back to Preston from the local office.

The adjudicator's complaint is going off today!"

don't worry about that link I found it.