Tax credit wrong claim?

Leokiss

Hi all i hope i got this in right place been looking round to find a similar case but yet to find one,so here go's
In 09 06 my wife gave birth to our son so i had to change my tax credit claim.
I read through the helpful guide to make sure i did everything correct and heres thing: It reads if your spouse or partner is of no recourse to public funds they are not to be included for these tax purposes.
So i didn't include her.
So i claimed as a sole parent,bearing in mind the above statment was at the start of guide.
Nearly 2 years pass i get the renewal im curious as to were that little statement has gone i thought maybe cos its a renewal you dont get the full blown guide.
I ask the Q anyway am i classed as a couple or not?
And yes i am classed as a couple,which contradicts the dont include her!
And the bomb shell you owe us £2500!!
So am i just stupid and dont quite understand what i read or do i have a case to argue as there guide told me not to include her?
Any help or knowledge would be much appreciated
Yours,Leokiss

hotblu

Leokiss wrote: »

Hi all i hope i got this in right place been looking round to find a similar case but yet to find one,so here go's
In 09 06 my wife gave birth to our son so i had to change my tax credit claim.
I read through the helpful guide to make sure i did everything correct and heres thing: It reads if your spouse or partner is of no recourse to public funds they are not to be included for these tax purposes.
So i didn't include her.
So i claimed as a sole parent,bearing in mind the above statment was at the start of guide.
Nearly 2 years pass i get the renewal im curious as to were that little statement has gone i thought maybe cos its a renewal you dont get the full blown guide.
I ask the Q anyway am i classed as a couple or not?
And yes i am classed as a couple,which contradicts the dont include her!
And the bomb shell you owe us £2500!!
So am i just stupid and dont quite understand what i read or do i have a case to argue as there guide told me not to include her?
Any help or knowledge would be much appreciated
Yours,Leokiss

Hello Leokiss,

If you are a couple and one of you has no recourse to public funds and the other does then both are treated as UK nationals for tax credits purposes. I am an advisor for TC helplin- although I dont have TC guidance notes to hand (at work), I am pretty sure in the 06/07 guidance notes (they change each year but I keep all old ones) it would have eitheir directed you to the helpline or confirmed both are treated as UK nationals. Overpayment will stand. I suggest you make new joint claim.

HTH

Hotblu

JessicaF_2

If the mistake was made at the point of claim (rather than as a change of circumstances) then you should write and ask for offsetting to be applied under the Compliance manual 'genuine error' provisions.

I have just had a look at the 06/07 guidance notes - it does say you may not be entitled if you have no recourse to public funds, but later on question 1.8 discuses immigration control.

What did you answer to the question 'have you been subject to immigration control in the last 3 months'? Under this question it explains that you can still claim as a couple if only one of you is subject to immigration control.

The notes are far from clear.

The offsetting route is your best bet, which looks at what you would have been entitled to have you made the correct claim - but note it only applies if a genuine error is made at the point of claim.

Contact an agency like www.taxaid.org.uk or Citizens Advice for some help.

Jess

Leokiss

Cheers for the replys,
I wish i still had the 06 guide to double check,as for the immagration control Q i think i ignored it as my wife arrived about 4 month before our son was born and i didnt start claiming till after he was born. I wasnt aware of tax credits till he was born.
Tax credits are just for familys right?
On the TC helpline i was told she would sent out dispute papers and send new joint claim papers,just nervously awaiting my fate.
I think when i was given that figure over the phone it was the result from minusing what i should have had to what i got.
If i do have to repay,what ever the amount may be will i be expected to pay it all at once?
I will ask anywayv about offsetting.If asked how can i prove im genuine? Or would the fact i called n asked the Q be enough i mean i wasnt caught doing something wrong i just called for an explanation.
I was gutted at first but glad its gunna get sorted if i do have to repay at least its sooner rather than later i.e a larger bill.
thanks again.

compoff

The offsetting rules for tax cerdits under 'compliance' nio longer apply. They were

compoff

The offsetting rules for tax cerdits under 'compliance' no longer apply. They were withdrawn in the last few months

Leokiss

Its been almost a year since i started going down the wrong claim path anyway i'll try to keep it short. after disputing what they said i owed which turned out to be £1600 they said i hadn't fulfilled my responsibilitys and the debt stood it was final. so i started paying the debt back.

But i still strongly disagreed with this and i got my MP involved and after explaining my situation and how unhappy i was he took it from there.
And after 10 months i got my reply,which read something like this:

After looking again at my issues they realised it was me who was wrongly advised and they apoligised.They,ve wrote all the £1600 off gave me back what i have paid and given me £150 for my suffering and distress:T:T
After such a long drawn out thing im over the moon its over.
So if anyone has genuine probs with tax credits i strongly advise not taking thier final answer as final and get your MP involved i hope this may give sum hope to a few cos ican remember how angry and upset i got about the situation.