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Can an NRP receive tax credits?
Comments
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Kellloggs36, you have provided the best leads so far and your help is much appreciated.kelloggs36 wrote: »I have no idea what you mean by asking to pay your housing costs from your own salary??? All the CSA could have done, was an assessment which calculated your net income, and deducted your personal allowance (equal to JSA for a single person) and your housing costs from it.
Since 2002, the CSA have never included my housing costs.kelloggs36 wrote: »They don't break down the council tax in the protected income part, it is counted in with something else.
Where?kelloggs36 wrote: »Were you given a protected income figure?
Yes, the same as Jobseekers allowance at the time about £57 a week.kelloggs36 wrote: »There was nothing to stop you paying your own housing costs - so I am very confused by what you mean?
The CSA made a DEO with my employer and did not leave enough remaining income for me to pay it.kelloggs36 wrote: »If the calculation is wrong then there is no time limit on getting it corrected.
I can ask the CSA to correct it and backdate the assessment to include my housing costs (and maybe council tax) to 2002?Denny's Franchisee of the year (Best Restaurant) 1989-1991.0 -
If you can persuade the CSA that they should have included your housing costs, then yes, as it was incorrect you should be able to get it corrected. I would take my case to NACSA if I were you = they will look at all the details with a fine tooth comb, and advise why it was disallowed - I would really need to see all correspondence to be able to do that, so whilst I am saying it is wrong, I can't say 100% as I have not seen all the case details - does that make sense to you? NACSA will go over it for you. Let me know how you get on - from what you have said, I can't see why they have disallowed your housing costs - even excessive housing costs have restrictions, so not allowing you any seems wrong!0
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Can we just quickly clarify the points above.
I need to establish the CSA's position on council tax. If council tax is not Housing Costs, Personal Allowance or Protected Income - then what is it?
If there is no time limit for getting an assessment corrected, I can approach the CSA and ask them to correct it. But, will they backdate the correction?Denny's Franchisee of the year (Best Restaurant) 1989-1991.0 -
Denny
Yes CSA should backdate the housing/council tax etc, as said you have no time limit to appeal am incorrect assessment, so I would write to Appeals, if CSA Appeals do not or will not correct the assessment, this gives you appeal rights where you can go to an Independent Tribunal hearing, where everything will be looked at thoroughly0 -
Denny
Yes CSA should backdate the housing/council tax etc, as said you have no time limit to appeal am incorrect assessment, so I would write to Appeals, if CSA Appeals do not or will not correct the assessment, this gives you appeal rights where you can go to an Independent Tribunal hearing,
We done all this appeal stuff years ago. The CSAs final position is I am out of time, the limit is one month for an appeal and 13 months for a tribunal hearing.
Reading the Detailed Assessment of 2007, I think it says that appeals only apply to appealing against a decision, and Kellogg's post suggests we are dealing with an incorrect assessment and not a decision, and thus no time limit applies.
If this is true then I need to know if the wrong assessment will be backdated to the date the CSA has admitted (and apologised for) when their mistake was made.
I am also trying to establish the CSAs position on an NRP's council tax liability.Denny's Franchisee of the year (Best Restaurant) 1989-1991.0 -
council tax is just in the protected income and deducted as an allowance as a separate entity.0
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If the calculation is wrong, you said there is no time limit on getting it corrected. Will the CSA backdate that correction to the date their mistake was made?Denny's Franchisee of the year (Best Restaurant) 1989-1991.0
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They did in our case which is all I was trying to say, but it was a long fight.
We too were 'out of time' with regard to appeal, but this was as CSA had made a decision in Dec 2007, but didn't inform us until April 08, we then tried to get to bottom of the associated assessment ( & arrears) from the aforesaid incorrect decision, it took us a long time to fathom out exactly what they had done wrong!! It wasn't until we trawled DP File all became apparent, we just got in (by 2 days) within the 13 month timeframe but Stephen Lawson said this would not have mattered as the decision was totally incorrect anyway, and we had proof CSA had acted against their own sets of rules/laws and regulations.
The CSA had after making the 2007 incorrect decision, then applied it to a further 3 decisions from 2006, Jan 04 and Nov 04, thus meaning they said we had masses of arrears - we managed to get Tribunal hearinhg which went in our favour for all assessments and decisions, so CSA now in process of wiping aforesaid 34k arrears - Tribunal Judge wants copy of this, along with accurate arrears figure ( there shold be none but maybe £1500 tops, whiich we will negotiate to pay off over the 2 yrs).
So in our case, yes were within the 13 month appeal time,but SL had told us it is possible to challenge any ncorrect assessment or decision anyway, and yes in our case they corrected case from date of mistake and then even further back than that0 -
Interesting you mention Stephen Lawson, he is a Lawyer at Forshaws and a big name at Fathers Direct due to his reputation at winning record payouts and refunds out of the CSA. I am about to instruct him to get my assessment corrected, but I am just clarifying a few finer points.
I think the out-of-time thing is about a decision, and my claim is nothing to do with a decision, its a clerical error. The CSA did not count my rent, tax and £57 a week JSA (or whatever its called when its paid to me from own own salary and not from public money) when setting a maintenance liability. So I dont think my case would have needed a tribinal anyway because there is no decision I can appeal against.
If you advice in your last paragraph is accurate and the CSA backdates the correction to 2002, then the CSA could owe me a ballpark amount of more than £44,000. I would need a calculator and thumb through more than 8 years of CSA statements, pay slips council tax and and tenancy agreements.
I have a friend who is a professional bookkeeper and very good with financials, I'll ask her to go through the bundle and tot up the numbers.Denny's Franchisee of the year (Best Restaurant) 1989-1991.0 -
NACSA would be just as good, if not better than SL as he would be extremely expensive.0
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