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hugedebts
Starting Member
5 Posts |
 Posted - 02 January 2009 : 23:15:21
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hello,
i have been watching this site for a while now and it seems a great site, lots of advice etc.
im very scared because i think when when myself and the wife go bankruppt there may be a case for fraud !
the OH used to be a hairdresser ( mobile )and did a day a week in a care home doing their hair, ( they always paid her by cheque ) but she never declared herself as self employed, also continued to claim child tax credit, and a careers allowance for our disabled child, she stopped this in feb 2007, and has tried various other jobs since..........all failed for various reasons, but she informed all relevant benefits this time, will she go to prison ? will the official reciever inform the authorities ? |
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pix1
Average Member
689 Posts |
Posted - 03 January 2009 : 00:04:00
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It sounds like your wife is no longer doing this particular self employed job as a hairdresser. She is, presumably, still claiming tax credits and the other benefit, however. I am not sure from your post if she literally did ONE week's work in the care home or more than that. Nevertheless, as it is presumably some time ago, it seems likely it will not be directly relevant to any bankruptcy petition at this time.
Ordinarily, when she fills out the forms she needs to declare her CURRENT occupation NOT previous ones. YES, she is claiming tax credits AND she must declare that she is getting such tax credits and other allowances. There is not, however, an apparent link between the two. I think it is unlikely there would be a problem and the whole circumstances would probably not be something the Official Receiver would be required to investigate. Just make sure, though, that she declares on the petition (if you proceed) that the benefits are being claimed.
If there are any discrepancies, which there probably aren't, it may be more likely to be between the tax credit authorities and your wife in terms of possible overpayments than anything to do with the bankruptcy people.
Of course, there may be advice others can give you on this forum and please do outline in more detail your circumstances so as people can give fuller advice. |
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hugedebts
Starting Member
5 Posts |
Posted - 03 January 2009 : 09:59:45
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| hello pix1, thankyou for your reply, yes she is still claiming as not currently woring and yes not to worry we will be putting all this on the forms, what we are really worried about is on the forms it asks if you have been self employed within the last 2 years, and this day in the care home finished in feb 2007, and she done it for about two and a half years, so if she puts yes she has been self employed, will she then be done for benefit fraud, it was nevr out intention to commit fraud, we were going to declare it to tax credits nd careers, at the end of the tax year because her earning varied from week to week, but when that time came we were starting to struggle finacially and just couldnt cope..........we feel sick about it all now, and it looks so bad, but we are not criminals ! just really struggling! |
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RHB
Senior Member
1159 Posts |
Posted - 03 January 2009 : 10:24:37
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| It depends what benefits she was claiming. If she was only claiming child tax credit then possibly thaT day a week wouldn't have been enough to make a difference to the claim anyway. |
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RHB
Senior Member
1159 Posts |
Posted - 03 January 2009 : 10:26:31
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| If however she was claiming Job seekers allowance then working that one day a week & not declaring it would be benefit fraud. |
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hugedebts
Starting Member
5 Posts |
Posted - 03 January 2009 : 10:29:04
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| hi RHB no it was child tax credits and a carers allowance, nothing else |
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RHB
Senior Member
1159 Posts |
Posted - 03 January 2009 : 12:19:40
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| If you had declared your earnings if it was only one day a week as a hairdresser i can't see that would make any difference to the amount you recieve surely? Have you go on the tax credit website to see if it would have changed what you received? Could well be that you are worrying over nothing. |
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hugedebts
Starting Member
5 Posts |
Posted - 04 January 2009 : 00:14:30
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| thankyou RHB, so so worried about this, your advise is really helpful |
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John
New Member
United Kingdom
73 Posts |
Posted - 04 January 2009 : 10:08:32
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Hi
please be aware that the question in relation to self employment, and the 2 year retrospective answer required, has nothing to do with any investigations into the likes of benefit fraud or tax evasion.
It is purely to ascertain whether or not the bankrupt may have disposed of assets etc which, following the declaration of bankruptcy, may, in law, be recoverable by the OR to the benefit of the bankrupt's creditors.
Be perfectly honest in your paperwork, be open with the OR. They are not the police they are there for the creditors benefit.
OK, technically you are possibly guilty of both misdemeanors but the extent to which this would apply in your case would lead me to believe that it is very very unlikely the OR will "bat an eyelid" at what are comparitively minor issues and which will lead to him / her spending a lot of time on an issue that has no chance of bettering the creditor's position.
Don't worry, I'm sure all will be fine.
If you must, wait until end of Feb to declare bankruptcy and you don't then need to mention the self employment as the time scales of the question will have expired.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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wewbie, please help !
