Can you trust Tax Credits to get it right?

Icequeen99

Katymac wrote: »

"This is one of those cases where it could be difficult if the answer is in the notes etc....."

sorry could you explain that for me?

I do have the photocopy of the cheque repayment they asked me to make in 2003 - I don't know if that helps

I may go in the attic & see if I have any old letters from them (50/50 chance DH keeps I throw)

If the correct answer was in the notes with the claim form when you applied and when you renewed, you might have a harder time showing you didn't materially contribute to he error.

Can you outline exactly what happened? Did you include the Perm Health Insurance right from the start or you didn't and then they told you to?

Have you requested copies of phone calls to see if you can find the one where you were told to include it as other income?

IQ

Katymac_2

When I originally claimed I filled in a form at the Tax Office, they said DH's money didn't count and paid me a months money. A few days later they changed their minds said that money was an over payment & that of course DH's money was income - what else could it be (I may still have that letter.....equally I might not, I'm looking but 9yo paperwork is hard to find)

I had to send them a chq for the amount & I carried on getting forty whatever £ a week.

Each year I put his income in the 'other' income box and marked it as 'Permanent Health Insurance'

I think they are going to say I shouldn't have included his money at all - but to leave it off the form would surely be fraud as it is money we get - irrespective of whether they count it or not

Will they have phone calls of 2003 still?

Icequeen99

Katymac wrote: »

When I originally claimed I filled in a form at the Tax Office, they said DH's money didn't count and paid me a months money. A few days later they changed their minds said that money was an over payment & that of course DH's money was income - what else could it be (I may still have that letter.....equally I might not, I'm looking but 9yo paperwork is hard to find)

I had to send them a chq for the amount & I carried on getting forty whatever £ a week.

Each year I put his income in the 'other' income box and marked it as 'Permanent Health Insurance'

I think they are going to say I shouldn't have included his money at all - but to leave it off the form would surely be fraud as it is money we get - irrespective of whether they count it or not

Will they have phone calls of 2003 still?

They might have some of them, not all I wouldn't have thought as some were not recorded.

There should be some record of the letter you were sent and something in your 'household notes'. You can ask for copies of these for 2003 as part of your data protection request.

You only declare on the form income that tax credits need to know about, if you declare it then it is taken into account.

I think you will need to get some advice on this, i think you will have a hard job going it alone.

IQ

Katymac_2

Thanks - I am researching who can help me

shedboy94

Unless you were told verbally, on a recorded call to include it, then it is doubtful you will get the money back, as it is your responsibility to declare the correct income. HMRC will check to see if you haven't under-declared, but ultimately are there to ensure you are paid the correct amount based on the info YOU provide.

Katymac_2

I really think I still have the letter

I certainly have the photocopy of the repayment cheque - I wonder if they have a copy of the letter asking for it back as an 'overpayment' we weren't entitled too

Katymac_2

I found the letter

zagfles

Katymac wrote: »

I found the letter

Excellent - that surely should be enough to show they wrongly advised you. Suggest you progress with the help of one of the tax charities mentioned above.

Katymac_2

Someone from the TCO is goingto ring me back to tell me if I should appeal this decision or the one in 2003 or if I need to challenge the whole claim and the way it's been handled.

CAB can't really help - they said & TaxAid don't 'deal' with Tax Credits so I'll try the other one

Icequeen99

Katymac wrote: »

Someone from the TCO is goingto ring me back to tell me if I should appeal this decision or the one in 2003 or if I need to challenge the whole claim and the way it's been handled.

CAB can't really help - they said & TaxAid don't 'deal' with Tax Credits so I'll try the other one

I think it is best to get advice, i wouldn't rely on TCO telling you correctly whether to appeal or not. I would have thought you are out of time for an appeal anyway, even a late appeal. More likely you would be looking at the official error regulations.

IQ