Tax credits want more info now or payments stop

ajr3773

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GlasweJen

From a quick read it looks like you're being hit from all sides OP.

As far as tax credits are concerned, as you and your partner are financially linked (in the form of a joint account) you may be assessed as being a couple and your award will be wrong.

It is correct that if you supply the TCO with the wrong information they cannot change the payment when the award has been finalised.

I'm afraid I can't help much with anything else, it may be worthwhile taking a copy of your bundle to a local CAB office or to welfare rights and get them to represent you as you go through this.

ajr3773

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GlasweJen

I don't think there's any legislation as such but I think your MP could get them to back off for a bit while you do your evidence gathering. MPs seem to do quite well with tax credit enquiries.

enabledebra

3 pronged defence:

You need to raise an appeal about every tax year of deemed overpayment. The time limit is 13 months and the grounds are limited but do this anyway and let them tell you no rather than counting it out yourself. http://www.hmrc.gov.uk/leaflets/wtc_ap.pdf (this is to challenge whether there has been an overpayment)

In addition raise a dispute about the recovery of the overpayment (this is different to an appeal- it's not about if there is an overpayment but whether you should have to repay it) http://www.hmrc.gov.uk/forms/tc846.pdf

Thirdly raise a complaint (this is where your mp comes in) detailed steps here: http://www.hmrc.gov.uk/taxcredits/things-go-wrong/complaints-appeals/how-to-complain.htm

If the circumstances are as you describe you stand a fair chance.

Tiddlywinks

ajr3773 wrote: »

In September 2009 i accidentally stumbled across some self assesment statements from HMRC that demonstrated to me that i had been over declaring my income to the TCO since 2003. So much so it showed that i had over declared my income by as much as £6000 every year from 2003 to 2008.
.....................................

They have requested further information, which i need to gather and obtain from 6 different sources and with the weather and the postal service the way things are at present, it is highly unlikely i am going to have all the information to hand if any by the 10th of December , let alone have it in their hands prior to this date to enable them to evaluate their investigation further as we are only getting mail once a week at the moment.

You lost my sympathy as soon as you said that you 'accidentally stumbled across self assesment statements from HMRC that demonstrated to me that i had been over declaring my income to the TCO since 2003'.

It is your responsibiity to ensure that proper accounts are retained and declarations made are accurate - given your obvious long term lack of care in this area might I suggest that you seek the services of a professional to sort this out for you.

kazzah60

surely when you completed the forms for HMRC with your FINAL salary figure as given on your P60 and sent them off to HMRC at the end of each tax year, you would have noticed that you had over estimated your earnings?

Loopy_Girl

kazzah60 wrote: »

surely when you completed the forms for HMRC with your FINAL salary figure as given on your P60 and sent them off to HMRC at the end of each tax year, you would have noticed that you had over estimated your earnings?

Self Assessment = Self Employed hence there would be no P60 though I fail to see why the figures from the Self Assessment form (which would be accurate) were not used.

I am employed and self employed and it's not rocket science when you give your figs for your self employed work. You have up until end of July to do renewal after all and the S/A should be done ASAP after April.
So I think their decision is fair on refusing to pay any back payments.

And why oh why do people get other people's mail to their home address and then complain when questions are raised *sigh*

OP - can't you scan the info and then email it to your case worker? save relying on the mail at this time of year?

Also OP, everyone gets their award as 'Provisional' when they first renew whether they are S/E or Employed. It can take some time for the award to be final.

no-oneknowsme

In September 2009 i accidentally stumbled across some self assesment statements from HMRC that demonstrated to me that i had been over declaring my income to the TCO since 2003

.

So , as you mention self assesment i asume you were self employed ?

Then of course it came to renewing this year. (1 month after the dialouge with the MP etc....) and to my suprise i obtained my new award in July but was a bit deterred to find it had Provisional Award written all over the document. Thinking nothing more of it i didn't question it as i know during my renwal process i had advised them that i was now self employed

of why it is my partner uses my home address for some of her mail. (For instance my partner is my disabled sons carer and the carers allowance she recieves is paid at my home address and goes into a joint bank account we share, also registered at my address)

Do you not agree that this makes it look as though you have a partner living with you ?

, she would also like 12 months bank statements for a joint account i hold with my partner, that we use for our impending wedding as she had seen numerous amounts of online transfers.

So, you are marrying this partner but shes not your partner for tax credit purposes?

:

DX2

ajr3773 wrote: »

Relationship Status: They say they have information on their system to suggest i have been living together with my partner since the 03/12/2009, as a a consequence they will be terminating my single claim as of this date.

my partner uses my home address for some of her mail. (For instance my partner is my disabled sons carer and the carers allowance she recieves is paid at my home address and goes into a joint bank account we share, also registered at my address)

She then put me on hold for 2 minutes and came back to advise that as well as the other information i was intending to send in such as rent statements for my partners house, she would also like 12 months bank statements for a joint account i hold with my partner, that we use for our impending wedding as she had seen numerous amounts of online transfers. In addition she also requested mobile contract bills that i hold with Orange & T mobile and she questioned why it was i have 2 contract mobile phones.

So you have a partner and she claims carers allowance for looking after your disabled child at your address, you have a joint bank account to save for your impending wedding and 2 mobile contracts.

Certainly sounds like a joint claim not a single claim.

no-oneknowsme

Thats exactly how it looks to me too DX2.

OP - you stated that you have given your self employment figures to HMRC for tax credits and that you had under under estimated . You state that you had been under estimating for the years 2003 -2008 .

Then , further into your post you mention that you informed tax credit office that you were self employed and that was sometime around July time of 2010 ?

If you were self employed from 2003 then why were you telling HMRC that you had just started self employment in july 2010 ?

Somethings not quite right about this post.