A more aggressive stance by HMRC is leading to more tax credit debt being pursued in the courts. The courts sometimes may not realise that tax credit debt should be treated differently to ordinary tax debt. The production by HMRC of a certificate of debt is not conclusive that a tax credit debt is due and unpaid, and the tax credit claimant may be able to use that to their advantage. In recent years HMRC have been taking increasing numbers of tax credit claimants with overpayments to court to collect the alleged debt. Evidently in some cases claimants have not…
Question – “I’m a bit concerned about a tax credits issue I am having currently. The tax office overpaid the amount of tax credits that myself and my ex-partner were due to receive and are now trying to reclaim this back with legal proceedings brought against us. The thing is, as my partner and I are no longer together, it’s been difficult trying to sort out who is responsible for paying this back. I have stated to the tax office on more than one occasion that, whilst I am absolutely willing to pay back my fair share, I cannot afford,…
I set up a company business a few years ago and have recently lost members of staff who took clients with them. As the business evolves, I am aware there will be a higher staff turnover. Can I issue restrictive covenants to staff to control what they do after leaving and stop them taking clients with them? It is tempting to draft restrictions broadly to capture every possible detrimental situation, but covenants must only go as far as necessary to protect legitimate business interests. If you go into heavy they are not enforceable You need to consider the geographical…
One of my staff wants to cut her work from five days to three, and to work flexibly to help care for her young child. She plays a crucial role in bringing and I am concerned that my business will suffer. Must I agree to her request? If not, must I give her redundancy pay? Your sales manager does not have a right to work flexibly or part time. She can request it and that request should be considered properly in line with the statutory framework which sets out a timeframe for meetings, written decisions and the appeals process.…
I run three restaurants in the City with a distinctive, witty design, based on a well-known politician, a major attraction for our customers. A few weeks ago a friend returned from in Russia and told me she saw a restaurant there with a copycat exterior and interior design. Therefore really taken all our ideas and nicked them, which makes me very cross. Can we sue them? Infringement of intellectual property rights is possible in Russia. You should file an action in a Russian court. Even if you manage to sue them in the UK, the judgment would not be…
The number of couples citing adultery as grounds for divorce has halved over the past 40 years, with unreasonable behaviour now the most common reason for a split. Experts say the shift reflects a change in attitudes towards divorce, with the public seeing it as a sad but ultimately unremarkable event. The real reason, however, is it is much easier to get a divorce on the grounds of unreasonable behaviour than adultery. There is no need to name a 3rd party, and it saves time and costs. Citing adultery still requires proof and if the accused party does not admit…
To answer this question it is firstly important to understand that someone who has been investigated for benefits fraud will not automatically have a criminal record. The case has to have been taken to a criminal court and the person has to have actually been convicted of defrauding the DWP. Only at this point, do they end up with a criminal record. In theory, convictions for benefit fraud remain on that person’s criminal record permanently. However, after a period of time they are considered spent and, therefore, in some circumstances, need not be declared. The time that needs to elapse…
If you have been wrongly accused of benefit fraud, the first thing you need to do is to seek proper legal advice. A firm of lawyers with experience of dealing with these kinds of cases will give you advice to help you to fight the case and ensure that you do not make matters worse. They can help you to understand what may have happened to cause you to be investigated and help you to sort out any misunderstandings without making matters worse. The sooner you seek advice, the better. You will feel much better about the whole situation once…
240,000 couples claim to be apart to claim lone-parent benefit ALMOST a quarter of a million couples with children are pretending to live apart to claim lone parent benefits worth up to £7,100 a year, Co-habiting couples who wrongly claim the lone parent tax credits can gain up to £7,100, rising to £9,985 for those with two children, or £11,917 for those with three. HM Revenue & Customs said it was aware of the problem of undeclared partners perpetrating tax-credit fraud, and was combating it. “Last year alone we carried out 120,000 checks on undeclared partners, and are continuing to…
Parents face penalties if they do not declare their child benefit. HOUSEHOLDS where one parent earns more than £50,000 a year and still receives the full child benefit are being urged to register for self-assessment immediately or face hundreds of pounds in penalties, and there can be committed service and prison sentences as well. Child benefit — worth £20.30 a week for the first child and £13.40 for each subsequent child — has been withdrawn on a sliding scale so that for homes where one parent earns more than £60,000, child benefit is lost completely. Eligibility is based on the…
