Tax Credits help please

happymumto2

Have been off sick for over a year, my contract was terminated on 18th March. I have at all points informed tax credits of events. When I switched from SSP to ESA in October I informed them, at this point I was told I could no longer claim for childcare as I was no longer considered employed. However at this point I still thought I would be able to return to my job, I explained I was still employed and receiving Occupational Sick Pay, and was informed that while I was receiving pay from my employer I could still claim childcare, as I was still classed as employed while I was receiving payment from my employer.

I appreciate I was not physically working but had hoped to return to my post, my illness has affected me in many ways, one of which is social anxiety and I am unable to take my youngest to school myself (childminder just takes him too and from school for me). I pulled my eldest out of childcare in January as I felt that even if I did go back to work she is old enough to take care of herself for an hour or so in the afternoons.

Have rung them today to inform them that my contract has been terminated and that I am no longer in employment. I have been on the telephone for over 90 minutes, lovely lady so no complaints there, but have now been told that I am classed as unemployed from the 30/09/09, and that I should not have received the childcare element, even though I was still in paid employment. How can I be classed as unemployed for Tax Credits, yet employed by ESA who had me on ESA (C) until recently (which was correct at the time as I was still being paid).

Can anyone shed any light on who is right, I have rung them with every single change since I became unwell in March 2009. The lady gave me the address to write to to get transcripts of all my telephone calls. Even with my fuzzy head I know 100% that I checked and double checked that I was still entitled to claim childcare.