Tax Credits Payments Stopped

rayhool

We had our second child in September and after making a new tax credit claim I started receiving £193 a month which seemed to much, I contacted the tax credit agency straight away and after going through my details he said they had got my income wrong for the last tax year which did not effect my payments for one child but as a result I was receiving to much now for having 2 children, he said he could not go into the system to change last years income information, I pressed him on whether I would legally continue to receive these payments and he said he would contact head office to clarify and I would know within six weeks. A couple of weeks later I received a new tax credit award with the same payment for this year but a lower payment for next year, I presumed head office had confirmed my payment award.

Today nearly 4 months after the phone conversation I have received a new award saying I have been overpaid and will now not receive a payment until December 2011 of £39. I had budgeted for the previous award and this going to effect us quite hard financially. Could anyone advise me whether I have any grounds to appeal?

Any advice is much appreciated and if any more information is required please ask. I have downloaded a TC846 form but am wanting to know if I really have a case?

Aarons_mummy

I'm not sure at all but it would be worth sending in a form just so you can get the full information and why they sent you out a new award with the same income however you did receive the award notice from them so it could be argued that you received the award and should have called to clarify this so it could go both ways.

Do you have dates of when you called them? All previous paperwork you have received from them?

The worst they can do is say that you are liable to pay back the overpayment although 10months with no income whatsoever after only 4 months of payments means that they must have been paying you a heck of a lot to have to stop them for that long.

Also not sure on this but can they really just take away your full benefit and leave you with nothing. I was under the impression that they could take a portion to pay back an overpayment but not take all income away.

Hopefully someone else will have some advice for you, maybe call them up and ask them if they can clarify how much the overpayment was and why they are taking the full amount off you.

rayhool

Apparently I have been overpaid over £300 (the award form was received this morning, my wife has read it to me on the phone), I will definitely give them a ring when I can get through, just tried and all their operators are busy!

Aarons_mummy

They're always busy! I called up to change my address and was waiting 20 minutes to get through, that was better than normal mind you!

For only £300 I don't think they should be stopping your payments full stop especially as it would be paid back within 2 months if that was what they wanted to do.

Hope you get it sorted out soon

rayhool

Just an update on this I sent an appeal form off at the beginning of February and received a reply back saying my payments would continue until they have made a decision on my appeal, over 4 months later I am still waiting for their decision! Surely if they come back and say I owe the money I have a case to say they have taken to long to make their minds up? If we only have 30 days to appeal/tell them of any changes would I have a case?