Working tax credits EEA

underpressure2012

Hi , I have been a lurker on here for many years and after all the useful advice and information i have found have decided to post.
I have been in receipt of tax credits since february 2011.I will give you some background info about my situation , I am married and a british citizen, my husband is from Turkey and been living in the Uk since feb 2008.I currently work over the 30hours a week and im 26 years old.My husband Currently does not work.
When i origionally applied for working tax credits I filled in the form i advised that my husband was under immigration control and that he was Turkish citizen had no recourse to public funds.
I was advised that I was still entitled to the second adult element as my husband was from Turkey and they had a social economic agreement with the Uk.All was fine and i was recieving my tax credits weekly with no issues.I renewed my tax credits in 2011 with no issues and when i changed jobs i informed them of my change in nov 11.I again had no issues and again i always advised my husband was a turkish citizen with no recourse to public funds but was always told the same thing that my husband was entitled.
All was fine until suddenly in April this year my tax credits stopped and i could not get any information from the working tax credit office , after many phone calls and complaints about the lack of communication was advised they had been suspended as they were investigating my husbands immigration status.
I waited and waited with no information and every time i called the contact centre no staff there could offer me any advice accept that it was being dealt with by the complex case team.After many complaints i eventually got a letter that advised that due tro a change in law in nov 11 my husband was no longer entitled and we would not get the second adult element of wtc.I was ok with that and accepted that circumstances change .However that meant an overpayment of over £1000 had occured but i was advised by the inhouse complaints manager that as they had checked on teh forms i had completed i had advised them of the fact my husband was a Turksih citizen that It was there error and that they would not be seeking this overpayment back.
All was fine or so i thought.After many weeks again of long phonecalls everyone escalated as no one in contact centre could handle my case all they did was pass my query on to the complex case team.All i wanted to know was how much i would be entitled to and when i would get any payment.I was advised over the telephone that i would get around £150 a month but paid manually as it was done by the complex case team and after issue it could take 7 to 10 working days.So again i thought ok i now know what is going on .However i have recieved two payments of this and the time it was suspended i never got any money or backdated.I asked the reason for this and after many different ppl and managers tried to explain i had a different answer each time , i asked for confirmation in writing which i never got just an EEA renewal.
I called up the contact centre and renewed end of June, they advised me i probably had a big underpayment.That was weeks ago and then i got a letter the other day informing me that i had been overpaid by over £1000 for the period i had been told was there error.I called up the contact centre yesterday to be told that they didnt know what to do but would send to complex case team and a complaint.
Also aI applied for housing benefit as I had been on ssp for a few months (not exceeding the time limit for WTC).They advised me that as i was recieving £68.08 per week i would only get £22.15 housing benefit.I advised them that this was not the case and that I was not in receipt of that and hadnt been since april.They advised me that , that was what was on the DWP system .They aslo asked for confirmation then of this and i explained my situation and that i had asked for this in writing many times from the WTC and all i ever recieve is my old entitelement and every time i call they tell me its still on there system that i get that amount.Ive spoke to alot of managers and complained countless times and i still never recieve the correct info in writing so i can show the council this.Now the council have reffered my case to court and its up on the 10th of august(i have a lawyer representing me ).
Also when i spoke to a manager at the call centre yesterday he advised me my payments had been suspended again and he did not know why.
So basically I am at my whits end as everyday i spend on the phone for hours trying to sort this issue out and im currently Ill with anxiety which is not helping .
I think im looking for any information anyone can offer as I am at a loss now on what to do.In all honesty Im tired and so stressed , i cry on a daily basis with regards to this.
I know this is really long and complex I just hope someone can help.
Regards
Underpressure

underpressure2012

Sorry if that is very long winded and perhaps confusing if anyone finds it confusing to read can u please reply so that i can solve it.
Thanks

princessdon

It's not that it's long winded (although editing it with paragraphs will make it easier to read) just that it may require those that have the skills to answer who aren't on yet.

Someone should be along soon

PippaGirl_2

I think you need to go to the citizens advice bureau, they would be able to write and intercede on your behalf directly and the agencies are far more likely to respond to them.

underpressure2012

Hi Thank you both for reply to my thread.

I have been to the CAB and was advised that they did not have any insight into this, as it was a complex case that they hadnt came across before.

Also I did some research and it seems there was no Law change in November 2011 so in theory My husband and i are still entitled to the second adult element as Turkey have a social economic agreement with the Uk that includes WTC.

It seems that I constantly hit a brick wall and no one has had any dealings with this type of case before.

I hope someone has some insight.

PippaGirl_2

Have you tried this forum? There are a lot of knowledgable people on there

mynameistallulah

For what reason is the HB case going to court - are you going to tribunal, or is this regarding an overpayment? Who is the "lawyer" representing you?

OP, you have two options in this situation:

* Make a complaint for maladministration. This will give you a clear procedure to follow, and will ensure you get a response, but it could take months to get a positive outcome.

* Contact your MP and ask them to intervene. HMRC/ the LA will have designated (and experienced) officers that deal with MP correspondence - this will be the fastest way to get it sorted.

underpressure2012

Hi Pippas girl , thanks for the site im going to have a look at that now hopefully be able to get some help.
Hi mynameistallulah, I was considering my MP to help me as i do know my local office well although i was wanting to do myown as i feel they have helped me alot over the years and did not want to take more of there time.Can i ask what is maladministartion ?
regards
Underpressure

underpressure2012

Hi mynameistallulah sorry i just re read your post and realised i never answered some of your questions.
The council are taking me to court due to arrears on my rent account, the lawyer who is representing me is a local lawyer who deals with eviction cases that go to court.
As i was off sick i could not afford to pay my rent as i was given very little to live off one month it was £186 ssp.The council never once informed me after many meetings and phone calls to advise i could notr afford to pay my rent due to trhe low income of ssp, and also my working tax credits had been suspended.However i was recieving about £300 a month ssp and was supposed to pay £320 rent , i was for months paying £320 and leaving myself with no money for food and taking money off family and friends to survive.Eventually i called the social fund who advised me i was entitled to HOusing benefit and council tax benefit.I am in Scotland.
I put my form in with my payslips and bank statements and two weeks later recieved a letter saying i would recieve £22.15 a week as i said previously as on DWP system that they can all see shows my payments from last year what i used to recieve.I have spoken to the department at the council and they say they need proof from HMRC everytime i call HMRC they say they have sent a letter and every time i get a letter its an award provisional or final award notice saying I am recieving the second adult element and £77.89 a week which i am definately not recieving and they know that.I call them explain this and they send off a form to the complex case team who never send me anything and the complaints team say that dont understand what is going on.
I am totally at a loss and im going to end up losing my home as i physically dont have the full rent money or even half as i have went months not eating properly and living on food parcels.The social fund cant help as u are only allowed three in a rolling year and i have had them due to this , although even n there system it still says i get £68 a week so i have been refused alot due to this as they think im lying or recieb=ving this as they say it wouldnt say that if i was not recieving it.
regards
underpressure