tax credit appeal

christine.pearce25

Has anyone appealed to get child tax credit owed backdated more than 3 months?? If so how long did the appeal take? thanks

donny909

We tried just that and they wont budge. In fact in our case they have ignored each and every point on the 3 month rule we have questioned them about. Kind of like the computer says you cant so dont ask questions where we cant get an answer off the computer for attitude off them.

We are going through a similar situation now only in our case it's also caused an overpayment and an underpayment yet they simply refuse to use 1 to cancell out the other due to the stupid 3 month rule!.

Someone did post some very usefull advice in our case that should help us. Something to do with a change of policy and a little known system that can be used to claim an underpayment back if only I can find the post.

karenx

Why are you needing it backdated more than 3 months?

christine.pearce25

My sons were awarded disability allowance a couple of years ago. I rang tax credits and told them, and I was told by someone there that it makes no difference to payments, it would only change if they were on the higher DLA. I recently discovered that this info was wrong - they are both entitled to a disability element of £2670 per year each, - if they were on the higher rate of DLA, it would be another £1000 on top. I phoned tax credits, and the lady I spoke to confirmed I was entitled to the disability element, and looked back on my files. On 24/02/08, it states that I phoned to inform them of the change of circumstance and was told it didnt alter my payments, because not higher rate, and she said then i stand a good chance of getting back payment to this date, because its all on record and i was given false information. A few days later, I received a back payment of 3 months - I phoned tax credits and was told they only backdate by 3 months, but I should appeal. Do you think I stand a chance of winning?

donny909

karenx wrote: »

Why are you needing it backdated more than 3 months?

If it's anything like our situation it could be down to not knowing about how the system works and the responsability on the claiments side. And it's easy to say we should know better, but when people have new born children and truely believe they have done the right thing and informing etc.

Plus nobody can feel a 3 month rule for us and a 6 year rule for them to be in any way fair. I'd love that 3 month rule to be challenged in court and get the government to explain why they feel it's fair for them to be able to claim over payments for 6 years past yet think the 3 month rule for under payments is a reasonable period for us.

donny909

christine.pearce25 wrote: »

My sons were awarded disability allowance a couple of years ago. I rang tax credits and told them, and I was told by someone there that it makes no difference to payments, it would only change if they were on the higher DLA. I recently discovered that this info was wrong - they are both entitled to a disability element of £2670 per year each, - if they were on the higher rate of DLA, it would be another £1000 on top. I phoned tax credits, and the lady I spoke to confirmed I was entitled to the disability element, and looked back on my files. On 24/02/08, it states that I phoned to inform them of the change of circumstance and was told it didnt alter my payments, because not higher rate, and she said then i stand a good chance of getting back payment to this date, because its all on record and i was given false information. A few days later, I received a back payment of 3 months - I phoned tax credits and was told they only backdate by 3 months, but I should appeal. Do you think I stand a chance of winning?

If it's anything the same as other benefits then I'm personally near 100% certain you would win an appeal for all the backdated period. As I looked into the issue for other benefits and I found out if the fault\error is on there side then the backdating period is almost unlimited. Certainly wipes away the 3 month rule. But i think it has to be proved or on record you were given the wrong information to start with.

christine.pearce25

But i think it has to be proved or on record you were given the wrong information to start with.

This is on record: the lady at the tax credits office looked up the entry on their system on 24/02/08 and it quite clearly states, I phoned and informed them that the children now on DLA, and was told that it makes no difference to my payments, as they are not on the higher level of DLA.

donny909

Then it should be a fairly easy appeal to win in my opinion. I suppose you could try asking someone else, say a supervisor there if seeing as there is a clear record of you being given the wrong information they why do you have to appeal for something your clearly entitled to in the first place. I've been advised by a benefits advice expert in the past (that's an independent expert and nothing to do with the state at all) that if your entitled to it to start with there is no real reason or justification for you having to appeal for the money to be payed as it's a clear entitlement.

You may be better seeing if there are benefits advice firms in your area who can speak to them on your behalf (because they have other systems of enquiries and access to higher people in the departments to deal with these matters better than we ourselfs can) or go and see Citizens Advice. I'm fairly confident you should not need to appeal as such, more just fill a kind of statement\form in etc.

christine.pearce25

spoke to a manager at the Tax Credit Office today, and she told me that because they can only back date by 3 months normally, I will have to appeal that rule. She was very friendly, and gave me all the dates and info from when I first reported change of circumstance to date. Now I suppose I just have to wait!

System

Yes it has to go to appeal.

You are the victim of TCO error in that you were misadvised when you called to advise them of your change of circumstances.

You can make a Subject Access Request for a CD copy of all your telephone calls to TCO and the household notes to back up your case.

Please let us know when you win to give others encouragement when making their own appeals.

christine.pearce25

Thank you Pam17. As it is going to appeal, does this actually mean I have to attend an appeal hearing, or do they deal with this internally and let me know the outcome?? Anyone know?? thanks.

Of course I will keep you all updated on this. I have had lots of help from this site, and I like to give back when I can.:o