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They may also decide to go back and revise claims from earlier years so far as within their powers to do so.
There are many reasons why people make incorrect claims.
A tribunal should be slow to differ from the claimant’s own genuine assessment of the likelihood of a reconciliation, although that is a subjective assessment and the tribunal is not bound by it.’ Living together as husband and wife or civil partners Unfortunately the tax credits legislation contains no additional guidance on what living together as husband and wife or civil partners means.
In most cases it is not possible to re-claim in the same capacity as the claim is likely to be picked up by the system and sent to a compliance officer again who is likely to disallow it on the same grounds.
Secondly, HMRC will seek to recover all payments made on the incorrect claim as overpayments and may in some cases choose to charge penalties.
(a) a man and woman who are married to each other and are neither – i. separated in circumstances in which the separation is likely to be permanent, (b) a man and woman who are not married to each other but are living together as husband and wife, (c) two people of the same sex who are civil partners of each other and are neither – i. separated in circumstances in which the separation is likely to be permanent, or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.
It is important to understand that the test for married couples and civil partners is different to that of those living together as married couples and civil partners.
This guide has been written to help advisers understand the legal position as well as how to effectively challenge a negative decision.