Jobseekers and Tax Credits

scobra72

Hello.
I was on a Jobseekers Allowance (income based) claim from early 2009 while staying at my mother's.I moved into my girlfriend's home in November 2009 while still unemployed.So because she works 30 hrs a week - this meant that my JSA claim would be changed to a 'Credits only' status - due to my girlfriend's employment. Effectively 'credits only', meant that I got no DWP benefit money from then on and would become part of a joint claim for working tax/child tax credit as an extra adult in my girlfriend's home. Obviously I still attended the unemployment office to 'sign on' and would still have my NI 'stamp' paid for me - but no actual payment. When I jointly applied for the working/child tax claim,I pointed out my status as being on Jobseekers Allowance-but 'Credits Only' in basis. It was accepted, therefore, that i was still categorised as being on JSA.
I'm unfortunately still unemployed- very tough market as it is!
Since that initial HMRC claim was made,we have had a few cloudy moments with the Tax Credit people,on one occasion it was argued that I was'nt technically a 'Jobseeker',because I was'nt IN RECEIPT of the actual 'allowance' part,but I then had confirmation that I was still part of an ongoing "claim", hence the HMRC system would recognise this fact,and pay a rate of tax credit which is standardised in recognition of it.
Before I moved to my g/friend's home,she was in receipt of Working tax/child tax/childcare costs-from the HMRC,but when I moved there,they obviously took away the childcare element of this and re-evaluated on the basis of my moving there and being on benefit (able to watch the child)- the overall effect was a cut in her rate of Tax Credit,and obviously I was then bringing NOTHING to the table as an unemployed person in receipt of no benefit MONEY. Therefore the only thing taken into account by HMRC was my status as an extra member of the household who was involved in an ongoing claim for JSA,this gave my partner slightly more in tax credit,but certainly did'nt make up for the amount of dole money I would have received had I just stayed at my mother's. Please note the fact that I could have took the route of 'saying' that I still stayed at my mother's fraudulently,but if I was that kind of person,I simply would'nt be writing this post.
If it were not for the way the working tax credit claim is calculated,my partner,our child and myself, simply could not even afford to heat ourselves properly- she scrapes a minimum rate for 30 hrs a week,and we would'nt be able to exist in our modest 2 bed council home without that extra money- we have no 'luxuries' and this is being typed on my brother's computer,I try as much as I can to look for the very few work opportunities out there and never knew this sort of poverty,I'm 38 and had worked since I was 16 until I was 36,we are not some sort of 'benefit scrounging' family and have never even tried for housing or c/tax benefit since this situation started - even though some people have advised us to. But I am still getting mixed messages from the HMRC people,every time they look at the claim there seems to be this grey area about my status as a Jobseeker.
In my dealings between the Department for Work and Pensions and HMRC,it's become clear that they are two entirely separate entities,and that they act like two ships in the night with each other.The DWP have always maintained that I am to be afforded the status of being on a JSA claim,but the HMRC system seems to throw up that I do not actually receive the money for that claim,it seems to me to be a skewed stance and up until now it's fallen on the side of the former- thankfully.Although at one stage last year,because of the HMRC system being fed the latter,contrary information-the Tax Credit was cut by £50 per week,had this not subsequently been rectified,then our decision as a family HAD to be that I'd go back to my mother's.
It seems that the HMRC have no clear systematic directive for people in my particular circumstances-which surprises me with the way the job market is now going to go after the Government Spending Review in particular( 500,000 redundancies in the public sector alone,at least),I would have imagined my predicament could become the same for a sizeable minority of people.
I have been on two separate,3 month long,DWP sponsored 'back to work' programmes,I'm entitled to free prescriptions,free nhs dental care,glasses and all other participatory elements and training course funding afforded to people in my unemployed bracket,yet it seems to be a problem for the HMRC to recognise me as such because I don't get a GIRO or payment for it as well.
I have now received a letter telling me that the HMRC need 'proof' of my status as being on JSA 'income based',circa the period from November 2009 when I moved to my g/friend's,until April last year,and am again trying to get it dealt with as I did last time.However,when it comes to HMRC some areas do seem to be overly grey and I worry that they will decide against me for some procedural reason,however it does seem to be that when i'm actually TALKING to the people there,they understand my situation and deal with it in a fairly prompt manner.
I'm reading horror stories about people who have been overpaid (although not in these circumstances),and it does worry me.
We as a family simply would not be able to afford that sort of thing and it would definitely break our family up. I can't find any reference to my situation on any other forums,so I was hoping someone could help me if they have any similar experience to this,or if there is any better way of rectifying my problem once and for all- SHORT OF THIS GOVERNMENT MAKING MORE EFFORT TO ACTUALLY ENCOURAGE JOB CREATION FOR WE ,WHO WANT TO WORK!
I am now waiting for a letter from the DWP which should be here by next week,but may still point out that I DON'T get the ALLOWANCE part of my JSA.
Thankyou in advance to anyone with advice or similar experience!

Scott.