tax credits made a mistake UPDATE - more help required

tea_n_toast

This is my first post on this forum so I just hope I'm posting in the right place.

I'm having an issue with my tax credits.

Basically, when I got my award notice for this year it had me down as earning £3700 last year when I didn't, I earned £0. Now, last year I went on maternity leave in February with a view to returning to work in December. My maternity pay was under £100 due to me earning less than the stat mat payment amount so received 90% of my wage. I based my estimation for last years earnings on the wages I would receive when I went back to work so gave the estimate of yearly earnings of £3700 (maternity pay obviously discounted due to being under £100). I then decided not to return to work so phoned and told them at the relevant time that I was now unemployed and earnings would be £0. I have amended award notices from last year to show this.

As soon as I read the award notice I phoned to tell them of the error and they said it had to be sent to a special team and could take weeks. This week I received a letter saying 'thank you for telling us of changes to your income, unfortunately due to it being over 30 days past 31st July we cant do anything' or words to that effect. They thought I had been phoning to say I wrongly estimated earnings but it was them who have made an error somewhere.

Spoke to a lady on the phone who says I have to dispute last years award - but based on me receiving amended award notices I have no reason to believe last years amount was wrong. Should I do this anyway to be on the same side?

Also, will this affect this years payments? Paying back a £1600 overpayment has been worked into our payments due to me underestimating OHs income by around £1000, will this change? Will I owe them money, will they owe me money? I'm so confused, and everything takes so long with them. I don't want to lose out on money I was owed from last year or this year!

I know that was all a bit of a ramble but wanted to give as much info as possible. Does anyone have any thoughts?

Thank you!

Icequeen99

You need to look at two notices:

2011-2012 FINAL and the latest one for 2012-2013.

What are the two income figures on each of those notices?

What is the date on each of those notices?

If it is showing your income as 3700 for 11-12 then you will need to appeal the final 2011-2012 notice. How long after you received it did you contact them?

IQ

tea_n_toast

Ok, got my most recent one here, dated 13 August and it is an amended award due to me adding my new baby. Income for me last year - £3731.

I phoned them straight away.

Just found final award for last year and it also says £3731. This came out on 30th July so this is probably the one I phoned up about. So scratch what is said in original post, looks like last year was wrong. I have amended notices with my income as £0 though :S

tea_n_toast

Looking at the back of the 13th August amended award it looks like I actually didn't phone them till 8th August, the final notice is dated 30th July so I probably got it in the beginning of August so it may have been a few days before I phoned.

Does this matter?

Icequeen99

It is the FINAL notice for 11/12 that needs correcting, because that is used to set the income for 12/13.

Google form WTC/AP - it is the appeal form. Write on it that you wish to appeal your final 11/12 notice dated (whatever the date is). Explain that you wish them to accept this as a late appeal because you contacted the helpline within 30 days and they referred the change to a back office team who have now refused to do it because it was outside of 30 days. This is incorrect because the initial request was in 30 days.

State that you wish to appeal the income figure and the figure should be X.

However, I am slightly confused because surely when you did your renewal form for 11/12 (which you would have done in the summer) you would have put the income as Nil on there? What did you declare at renewal time as your 11/12 income?

IQ

tea_n_toast

The lady is sending me that form out so hopefully I'll get it soon. Is it likely I will have to give them money back do you think?

I know, I was a bit confused about this too, I'm pretty sure there was no £3731 mentioned on this as I would have realised straight away. All I can think of is that it either had £0 for me or I wasn't mentioned on it and only had to give info for OHs income due to me not being in employment which they know?

Icequeen99

tea_n_toast wrote: »

The lady is sending me that form out so hopefully I'll get it soon. Is it likely I will have to give them money back do you think?

I know, I was a bit confused about this too, I'm pretty sure there was no £3731 mentioned on this as I would have realised straight away. All I can think of is that it either had £0 for me or I wasn't mentioned on it and only had to give info for OHs income due to me not being in employment which they know?

No, the renewal forms normally you have to fill in the actual declaration (unless you are auto-renewal which you probably aren't) and it always includes both partners and asks for both incomes. Did you do that by phone or by filling the form in? It probably doesn't matter how it happened now, but it should have been corrected at renewal.

Do check that the person sending the form out sends the right one.Do not use the TC846 dispute form that they normally send out, it needs to be the appeal form.

You can print it off here: http://www.hmrc.gov.uk/leaflets/wtc_ap.pdf

IQ

tea_n_toast

Ahh jeez, post just arrived and they've sent me a new claim form, phoned and man said it was a mistake so he's sent out the right one!

skateykatey

Just to add, you don't actually need the official appeals from. The legislation requires that the appeal has to be in writing so you can just write a letter yourself but make sure that you mention the word appeal and the date of the notice that you wish to appeal. In your case, the date of your final notice.

That would suffice and save you any additional delays.

tea_n_toast

Thanks SK, may just do that then!