tax credits and rate of dla bother!

jacquibaby

We had been getting wftc from inland revenue since 2000, and it was noted that dd got a severe disability benefit, however, when the system changed to tax credits, in 2003- somehow it was noted that she was middle rate...Really she should have been getting the higher rate full stop! And the award notices only note that we get a disability element for her- nothing about what level so I don't know how we could check that!

I have a sneaking feeling that in 2003 she was awarded the middle but we appealed and she got back onto higher, wonder if they were given the wrong info at that time by DWP?
Has anyone else had a similar problem? (cross posted in benefits to get a wider audience!)

sarahlucy_2

My son was awarded DLA in December 2005 highest rate care and mobility. I informed the tax credits that he was on DLA - and the taxcredit award noted that we were being given a disability element. I thought nothing more about it - completely oblivious to the fact that there was a 'severe disability element' that he should have actually been on. Skip forward to approx April/May 2008 when I realised after looking on the net at benefits that he should have been awarded the severe disability element.

Then there was several months of phonecalls to the Tax Credit Office, where I was completely fobbed off, they kept referring me to different departments, then I had to put my complaint in writing, then I had to keep chasing that up.. but you could not actually speak to the department that you were told to write too... a complete nightmare.

Throughout they blamed me.. you should have told us he was on highest rate DLA - whereas I argued why would i? All I knew at the time was that I had to inform them that he was on DLA, which I did, I knew nothing about the severe disability element - so would not have necessarily have told them he was on highest rate if I did not know there was a need to. (Hope this is not too confusing!!)

Anyway they still said It was my responsibility to have told them.. I insisted surely the person who took the call and obviously knows the tax credit system and elements should have asked me what rate is he on?? However, they still insisted.. I had to ask for a transcript of the call I made from Data Records..as I honestly couldn't remember if I had told them or not.

To try and cut a long story short, after being passed from pillar to post, after writing several letters, after hundreds of promised call backs or promises to push the case forward etc... I was getting nowhere. Then I decided to write to my MP with the point that I couldn't remember whether I said what rate he was on - it was 3 years ago - but that surely the responsibility should rest with the person who took the call -as in my opinion as they know the system/elements they can simply ask what rate..etc..

The MP wrote to them on my behalf focusing on how badly the complaint had been handled, failed promises to respond by a certain time etc.. then lo and behold mere days later I received a phonecall from the Complaints Department upholding my complaint and awarding me the missed amount.

I'm sorry this is so long - and it may not be the same circumstances you are in but thought it might help if they say you should have informed us etc..

Good luck in your dealings with them - it is certainly stressful and very time consuming
Sarah

ladybelle

I have never been asked what rate I am on. I am unable to work full time and receive WTC with a disability element, not the severe disability element. There are two elements to WTC I believe ?

jacquibaby

Back in 2002.when working family tax credits existed, she was getting the severe element.
Nothing has changed regarding her disability since 2002, she has always had the higher rate of DLA and I did not tell anyone that she was getting a lower level! But the award notices changed in 2003 as they were taken over by HMRC from IR. I didn't notice that she was no longer getting the severe level as that whole award notice letter changed and I must have assumed that they still knew she was on the higher rate...every year I see that we have had credit for 1 disabled child. I didn't know that it should have included a level of severity. usually when you renew the claim, you just confirm that you have had no changes...so I would be happily ticking no changes on all of the renewal notices- when would I have told them that she got a middle rate of dla? And for what reason when she never has had a middle rate?
So what happened is that late last year the tax credit people got a notice from DWP stating that she got DLA at the higher rate, this was just a standard data confirming letter. In April 2009, the tax credit wrote to me to say that as my daughter gets a high rate, they have increased the tax credit element to severe disability and backdated the payment to december 2008..... I phoned them to ask why they have only just done this as as far as I was aware, she should have been carried on from 2002 at the severe level, to be told to send them proof of her high rate dla. I sent that staright away, only to find that they have disregarded it.

They have sent me an appeal form to fill in.

What I want to know is; in 2003, would I have had to complete a whole new form to claim tax credits as they were now called rather than wftc..., or would I have had to tick no changes to my circumstances? Anyone know?

thanks sarahlucy for your input- great to know that perhaps we will have some joy if we persist!!!

And ladybelle- what level of DLA do you get?

ladybelle

I get Low rate mobility indefinitely now.

bored_at_home

is the system differant for kids benefit then?
reason i ask is cos i get middle rate care (no mobility) but yet get the severe disability premium in my jobseekers allowance.