Child Disability Element of CTC

Minstrel50

Hi i'm new to the forums and have had a quick look to see if this question has already been asked but can't see it so here goes.

In December 2012 I called tax credits and let them know I was waiting on DWP getting back to me about DLA for one of my children. I asked if this would get backdated and was told it would.

On 1 June I heard from DWP that DLA had been given so i immediately called tax credits who put on the system from December 2012.

I called a few times that month but was told the system still needed to update the changes, finally i called last Wednesday and was told my payments have gone up but i am not eligible for a lump sum for the 24 weeks backdated money as i have a tax credit overpayment.

Since this is for my child are they allowed to withhold it? My income is just under 18k per annum, no income for wife. I fee it is ridiculous that they are allowed to get away with this.

Thanks

M50

Icequeen99

Minstrel50 wrote: »

Hi i'm new to the forums and have had a quick look to see if this question has already been asked but can't see it so here goes.

In December 2012 I called tax credits and let them know I was waiting on DWP getting back to me about DLA for one of my children. I asked if this would get backdated and was told it would.

On 1 June I heard from DWP that DLA had been given so i immediately called tax credits who put on the system from December 2012.

I called a few times that month but was told the system still needed to update the changes, finally i called last Wednesday and was told my payments have gone up but i am not eligible for a lump sum for the 24 weeks backdated money as i have a tax credit overpayment.

Since this is for my child are they allowed to withhold it? My income is just under 18k per annum, no income for wife. I fee it is ridiculous that they are allowed to get away with this.

Thanks

M50

Is the overpayment on your 12/13 award?

If it is then yes, because they are just recalculating your 12/13 entitlement by adding in the disabled child element. If it is already overpaid, adding in the disabled child element will just balance out the overpayment.

IQ

Minstrel50

Icequeen99 wrote: »

Is the overpayment on your 12/13 award?

If it is then yes, because they are just recalculating your 12/13 entitlement by adding in the disabled child element. If it is already overpaid, adding in the disabled child element will just balance out the overpayment.

IQ

Thanks for the reply Icequeen. The overpayment is from 08/09 and 09/10, 12/13 was fine.

M50

Icequeen99

Minstrel50 wrote: »

Thanks for the reply Icequeen. The overpayment is from 08/09 and 09/10, 12/13 was fine.

M50

In that case you will need someone to look at the paperwork. They can recover up to 25% of your award (10% if you get maximum award) towards overpayments.

If they haven't already recovered that then they could take some of the payment back towards overpayments. But if you have already had overpayment recovery of the correct amount on 12/13, they should not be holding back this additional money. Any underpayment on 12/13 should be paid over to you under Section 30 Tax Credits Act.

I would suggest you contact CAB or a similar organisation to speak to HMRC about it.

IQ