Benefits...

BigSaver_2

I need advice for a friend...He was claiming Tax credits for a year, then forgotten to fill in the form for the following year, now he has to pay back £1,400+, what is this all about?

Mrs A is married with children, is a home-maker. Mr B claims only income support, is in a bad financial situation with debt. Also I was told he may have a gambling addiction.
How can I help this family, especially Mrs A and her children, by having benefits in her name so she can pay the bills on time & for the food bills, etc. In her situation is there any benefits that she can claim in her name?

Thank you

glitterkitty

if he hasnt filled in his renewal, his claim will be terminated and anything he had been paid from april - now he would have to pay back.

Oldernotwiser

Why does Mr B claim IS rather than JSA and why isn't he claiming for the whole family? Is the friend in the first paragraph the same person as Mr B? Your enquiry is very unclear!

justthisonce_2

Sounds like a mystery weekend to me.

are Mrs A and Mr B a couple? Or are we looking at 2 different families? Most odd to be so secretive on an anonymous internet forum.

suelees1

They can swap claimant roles at any time. Mrs A can claim all benefits in her own name but she will either have to sign on for JSA as actively seeking work, claim IB or IS as as incapable of work or IS and Carers Allowance as a carer if she meets the criteria

Not a lot of info to go on in your post but as far as the failing to complete the annual declaration for tax credits there will be an overpayment as he has a duty to do this but if he still meets the conditions he should still have entitlement to tc's but at a reduced rate whilst HMRC recover the overpayment.

BigSaver_2

glitterkitty wrote: »

if he hasnt filled in his renewal, his claim will be terminated and anything he had been paid from april - now he would have to pay back.

Why does he have to pay it back?

BigSaver_2

suelees1 wrote: »

They can swap claimant roles at any time. Mrs A can claim all benefits in her own name but she will either have to sign on for JSA as actively seeking work, claim IB or IS as as incapable of work or IS and Carers Allowance as a carer if she meets the criteria

Not a lot of info to go on in your post but as far as the failing to complete the annual declaration for tax credits there will be an overpayment as he has a duty to do this but if he still meets the conditions he should still have entitlement to tc's but at a reduced rate whilst HMRC recover the overpayment.

Mrs A cannot sign on (JSA) as she looks after children. IS, can to be applied for if you work right?

glitterkitty

BigSaver wrote: »

Why does he have to pay it back?

because part of the tax credits 'contract' is that he renews every year. if he doesnt renew, his claim is terminated from the april (start of the tax year) and only the claim he had in the last tax year is valid. Therefore he has an overpayment of monies from april onwards and he has to pay that back. this is a form of penalty aswell as a tax credit rule

BigSaver_2

glitterkitty wrote: »

because part of the tax credits 'contract' is that he renews every year. if he doesnt renew, his claim is terminated from the april (start of the tax year) and only the claim he had in the last tax year is valid. Therefore he has an overpayment of monies from april onwards and he has to pay that back. this is a form of penalty aswell as a tax credit rule

Is it possible to get tax credit form filled in and sent off (with payment to be back dated)? This would mean he would be entitled to this money and therefore would not to the pay the overpayment, right?

So you are saying the overpayment is from April-August/September2008(when the payment stopped), which is £1,400+, that can't be right?

Thank you

hotblu

BigSaver wrote: »

Is it possible to get tax credit form filled in and sent off (with payment to be back dated)? This would mean he would be entitled to this money and therefore would not to the pay the overpayment, right?

So you are saying the overpayment is from April-August/September2008(when the payment stopped), which is £1,400+, that can't be right?

Thank you

Hello,

Just to shed a bit of light. Each year Tax Credits send out renewal forms (if on IS will be first to recieve) and the forms have to be completed and returned by 31st July. If you fail to complete and return form (which can be completed over the phone) then your claim will be terminated. If you ring within 30 days of the claim being termintated then TC can restore your claim. If, however, you call outside the 30 days you would need to have a "good cause" for not completing the form and this will then be decided by TCO. TCO are not questioning an applicants eligibility or entitlement to tax credits when billing them for payments recieved between April to termination date. The applicant has basically forfieted the payments by not completing the form. It is clearly stated payments recieved in April onwards are provisional subject to completing a renewal. If you dont then you are forfeiting payments.
Back to OP, if your freind does not have a good cause then get them to complete a new application asap so it can be backdated max of 3 months and that can go towards overpayment. Then, they can setup repayment (upto 12 months) for repyment of o/p. I think you friend needs to think about wether it is worth stating with partner...

HTH

Hotblu

calleyw

BigSaver wrote: »

Mrs A cannot sign on (JSA) as she looks after children. IS, can to be applied for if you work right?

To be eligible for income support
You may be able to get Income Support if you're aged 16 to 59 and any of the following apply:

• you're a lone parent
• you're registered sick or disabled
• you're a student and either a lone parent or disabled
• you're caring for someone who's sick or elderly

and the following apply:

• you don't have savings of £16,000 or more
• you're not working, or work on average less than 16 hours a week

Yours


Calley