Tax Credit Fury!!

lolaj

:mad::mad::mad::mad::mad:

The above pretty much sums up how I feel about the whole thing at the moment....perhaps some kind soul can help me figure a few things out.

My first claim in 2004 was based on myself working 20hrs per week and my partner 39hrs. I have one child. I received the CTC and my partner the WTC. At the end of 2004 I acquired a full-time position and promptly called the IR to inform them of the same. Some months later (can't quite remember if I had a letter or a mind-prompt) I had to call them again with regard to my claim. They stated that they had never been informed as to the change in my circumstances () to which I replied that I had an independant witness who saw me make the call to them in November 2004 advising them of the change). They wouldn't accept this and said that they would now have to amend my assessment...I thought "Hey Ho at least they will eventually get this right".

Some months later my partners' hours at work decreased and I suggested that he call them in the hope that given he would now be earning less that we would receive more help?....seems not! Our payments DECREASED which I found completely illogical. Luckily his hour INCREASED back to normal the following and week and yet again we informed them of the change of circumstance.

To cut a very very long story shorter, it soon became apparent that something wasn't quite right and I think in total we contacted them approximately 20 times before they were able to say that the details on the system were that of the information we had supplied, up until then, they kept accusing us of not informing them!!!!

Eventually I received a letter (as did my partner) to say that we had been overpaid to the tune of £7k!!!!!! I'm still trying to establish where on earth they got this amount from given that I haven't been able to claim for the past three years and therefore only claimed for 18mths and am certain I NEVER received even near this amount! Obviously we complained....and complained.....and complained.....to no avail. I went through the procedure of appeal but they have written to me and said that their decision is final, I have apparently been repaying this amount out of my CTC for the past three years and now still have £4k approx to pay them back! What I disagree with is the fact that I KNOW I contacted them to tell them of any changes (of which there was two!), the CTC was based on my daughter (my partner is not her father) and therefore I don't agree that his salary should've been taken into account in some instances given that they have no idea as to whether he shares that salary with me or not, AND have recently found out that as my daughter will leave school shortly, I will have to pay for this out of my monthly wage and if my partner up's and leaves me, they will 'pursue him for 50% of the claim....what is the case if someone is in this position and they can't find the estranged partner?!?!.

I'm sorry this is so long and live in hope that some wise soul will be able to advise me further on this as I am facing redundancy also and really panicking on how I will manage.

T.I.A

SomeBozo

I was with you up the point you said :

I don't agree that his salary should've been taken into account in some instances given that they have no idea as to whether he shares that salary with me or not

You are a couple. All claims from the state must assume this. Are you really saying that you don't live as a family despite living together.

You refer to him as your "partner" in the first sentance :

My first claim in 2004 was based on myself working 20hrs per week and my partner 39hrs

So he's your partner when it suits you?

So, without trying to descend into a urinating contest, perhaps you can answer these questions so someone can help you.

Where you trying to claim tax credits as a single person?

How much did you get?

What did you and your "not" partner earn?

Bozo

Valli

Unfortunately if you are living with someone then their wages and hours are taken into account. It's an informable change. When you DO ring tax credits to inform them of a change they do send a letter amending your claim and it usually comes through quite quickly. The fact that you never received confirmation suggests that something did go wrong somehow. It's alway wise, when telephoning ANY govt office (or making any important call) to make a note of the date and time of your call. Even better if you follow a call up with a letter confirming what has been said.
They do make mistakes. When I informed them of a change they dumped cash into my bank account - when the letter came I could see why I had been overpaid. They had my (then) partner down as working 40 hours but as receiving NO MONEY! Now you would think a zero salary for 40 hours worked would have triggered a check on their system but NO.


can you track back through bank statements or salary payments/ P60 and check what you DID receive? Even if your partner ups and leaves you (why do you mention this? is it likely) he too will be responsible for repaying BUT there are limits as to the amount that can be reclaimed.

In the first instance I would write to them disputing the amount they are reclaiming from you and asking for a breakdown of payments they claim they made to you.

System

When you live with someone as a family, married or not, and want to claim Tax credits then you have to apply as a couple. Equality with married couples has been something civil partners have long campaigned for and that's what you got.

You were awarded CTC and your partner WTC based on your family circumstances and in fact received the 30 hour element of WTC due to your partner working over 30 hours and being included in the calculation.

With regards to your disputed overpayment there is nothing to stop you making a "Subject Access Request" in which you can ask for a copy of all recorded calls between you and the TCO. After listening to those calls you can ask for a review of their decision to recover the overpayment siting your evidence in support of your dispute.

PS in the early days of tax credits WTC was paid via the employer and the money received by the claimant didn't always tally with what TCO say was paid. That's why that method was stopped. Whoever received the WTC can check the amount paid via the employer by looking at the P60 for the relevant tax year.

lolaj

You are a couple. All claims from the state must assume this. Are you really saying that you don't live as a family despite living together.

You refer to him as your "partner" in the first sentance :


Sorry I should've explained, it's just that with my previous partner I didn't get any help financially from him so had to rely on my wage alone, therefore he would receive his salary etc but I was receiving a very low one and just Family Allowance if you get my drift.

I just think in some instances, 'partners' or the like are receiving the full WTC award or some of it, and not sharing it through the family in some instances where the partner isn't the child/ren's father? Hope I'm making sense.

lolaj

Valli wrote: »

Unfortunately if you are living with someone then their wages and hours are taken into account. It's an informable change. When you DO ring tax credits to inform them of a change they do send a letter amending your claim and it usually comes through quite quickly. The fact that you never received confirmation suggests that something did go wrong somehow. It's alway wise, when telephoning ANY govt office (or making any important call) to make a note of the date and time of your call. Even better if you follow a call up with a letter confirming what has been said.
They do make mistakes. When I informed them of a change they dumped cash into my bank account - when the letter came I could see why I had been overpaid. They had my (then) partner down as working 40 hours but as receiving NO MONEY! Now you would think a zero salary for 40 hours worked would have triggered a check on their system but NO.


can you track back through bank statements or salary payments/ P60 and check what you DID receive? Even if your partner ups and leaves you (why do you mention this? is it likely) he too will be responsible for repaying BUT there are limits as to the amount that can be reclaimed.

In the first instance I would write to them disputing the amount they are reclaiming from you and asking for a breakdown of payments they claim they made to you.

No there is no chance that we are splitting up (god forbid!) but this actually happened to a friend of mine who was in a similar position and it worried me slightly (please refer to previous post also in relation to her not receiving some of the WTC that he was receiving).

I have thought about asking for a breakdown, will they give this to me? Unfortunately I don't have times and dates etc which is silly of me but hindsight is a wonderful thing, I just assumed they could do their job!

I have disputed it with an appeal but they said their decision is final :mad:

lolaj

Pam17 wrote: »

When you live with someone as a family, married or not, and want to claim Tax credits then you have to apply as a couple. Equality with married couples has been something civil partners have long campaigned for and that's what you got.

You were awarded CTC and your partner WTC based on your family circumstances and in fact received the 30 hour element of WTC due to your partner working over 30 hours and being included in the calculation.

With regards to your disputed overpayment there is nothing to stop you making a "Subject Access Request" in which you can ask for a copy of all recorded calls between you and the TCO. After listening to those calls you can ask for a review of their decision to recover the overpayment siting your evidence in support of your dispute.

PS in the early days of tax credits WTC was paid via the employer and the money received by the claimant didn't always tally with what TCO say was paid. That's why that method was stopped. Whoever received the WTC can check the amount paid via the employer by looking at the P60 for the relevant tax year.

How do I go about receiving these recorded calls, is it through the DPA? Because I have also been informed by said friend that they don't in fact record ALL calls!!!!!!!! Can you believe it! Is it paper form or actual recordings???

System

lolaj wrote: »

How do I go about receiving these recorded calls, is it through the DPA? Because I have also been informed by said friend that they don't in fact record ALL calls!!!!!!!! Can you believe it! Is it paper form or actual recordings???

It's in the form of 1 or more CD's depending on the number of calls made. Make sure you use the words Subject Access Request. This is indeed under the DPA.

As far as I'm aware all calls are recorded

System

lolaj wrote: »

I have disputed it with an appeal but they said their decision is final :mad:

Their letters always say you have no right of appeal but you can ask for a review if you have new evidence in support of your dispute.

lolaj

Pam17 wrote: »

It's in the form of 1 or more CD's depending on the number of calls made. Make sure you use the words Subject Access Request. This is indeed under the DPA.

As far as I'm aware all calls are recorded

Thanks for this Pam, it's really appreciated, gonna get onto it tomorrow so that I know my exact situation on the matter, at least I can then make some headway to sorting this mess out!

:T

System

lolaj wrote: »

Thanks for this Pam, it's really appreciated, gonna get onto it tomorrow so that I know my exact situation on the matter, at least I can then make some headway to sorting this mess out!

:T

Make sure you keep a copy of your letter and send the original by recorded delivery.