Fighting a Backdated Child Tax Credit Claim

needuradvice

hi everyone,

My friend is in a bit of a dilemma and needs your help and advice.

He has a young child whom was born with a disability and he has been claiming for highest rate care DLA since then.

1. His kid's dla naturally came to an end in oct 2012.
2. He rang HMRC Child Tax Credit (CTC) and told them that it had stopped, but he was awaiting a response from the DLA to be restarted.
3. He received a DLA award letter in mid dec 2012 to say that her DLA had restarted.
4. He notified CTC immediately of two things:- a) the DLA restart and also b) that he had left his work.

He has now just been told by a benefits advice charity, that for over a year, he's been getting less CTC for one of his kids whom has the disability. They told him that he was supposed to get a disability element within his CTC and that never was added.

So he rang up CTC and spoke to them. They told him that according to their records/staff notes there is a mention of his work being ended, but no mention of him notifying them of DLA being restarted and that they can only backdate the DLA 30 days from the notified date. He was not happy and explained that how is he supposed to know what notes the staff had typed on their system and that he didn't even know that CTC had a disability element until he was advised by the charity. They also said that he should have noticed some discrepancies in the CTC papers that were sent, but if someone does not know that there were "elements" within benefits, surely they can't be responsible?

They have told him to appeal in writing if he's not happy.

What do you recommend and what are the chances of a successful outcome?

Thank you for all your advice.

Icequeen99

needuradvice wrote: »

hi everyone,

My friend is in a bit of a dilemma and needs your help and advice.

He has a young child whom was born with a disability and he has been claiming for highest rate care DLA since then.

1. His kid's dla naturally came to an end in oct 2012.
2. He rang HMRC Child Tax Credit (CTC) and told them that it had stopped, but he was awaiting a response from the DLA to be restarted.
3. He received a DLA award letter in mid dec 2012 to say that her DLA had restarted.
4. He notified CTC immediately of two things:- a) the DLA restart and also b) that he had left his work.

He has now just been told by a benefits advice charity, that for over a year, he's been getting less CTC for one of his kids whom has the disability. They told him that he was supposed to get a disability element within his CTC and that never was added.

So he rang up CTC and spoke to them. They told him that according to their records/staff notes there is a mention of his work being ended, but no mention of him notifying them of DLA being restarted and that they can only backdate the DLA 30 days from the notified date. He was not happy and explained that how is he supposed to know what notes the staff had typed on their system and that he didn't even know that CTC had a disability element until he was advised by the charity. They also said that he should have noticed some discrepancies in the CTC papers that were sent, but if someone does not know that there were "elements" within benefits, surely they can't be responsible?

They have told him to appeal in writing if he's not happy.

What do you recommend and what are the chances of a successful outcome?

Thank you for all your advice.

He might be out of time for an appeal. If he is then he will need to use something called 'statutory official error' which is where HMRC have made an error and the claimant didn't contribute it but it allows HMRC to amend the award if it has already been finalised.

If he is within the appeal time limit he needs to get those appeals in. At the same time, he needs to request recordings of the phone calls and give the approximate dates he called so he has proof he told them of the DLA claim re-starting.

One thing that is odd, he must have noticed a drop in his tax credits when the DLA stopped originally, or are you saying he never had the extra child disability element?

IQ

needuradvice

Thank you very much for your help icequeen99.

I've just spoken to him. He said because the DLA stopped and then restarted at several months later, he in all honesty didn't notice the drop. He also said that because he lost his job at almost the same time as being awarded DLA and went onto ESA, Housing Benefit etc, he assumed any changes were due to this.

Now the problem he has, is that CTC are saying that he should have checked his paperwork, where it clearly states that his kid's DLA had stopped in oct 2012. Again he said that he did see it, but he assumed they were just giving him the last date the dla previously stopped for information, but didn't know that there should also be a start date.

Also when you say he might be out of time for an appeal, can you please clarify what you mean? According to them he has 30 days to appeal and it's only day 5.

Lastly, funny you mentioned recordings as he already has asked this and HMRC are saying they don't record any telephone calls, so don't have a record of anything other than the notes on their system.

Anatidaephobia

needuradvice wrote: »

Lastly, funny you mentioned recordings as he already has asked this and HMRC are saying they don't record any telephone calls, so don't have a record of anything other than the notes on their system.

They do record calls so that they can be checked for quality purposes. However, I don't know if they record ALL calls and I don't know how long they keep the recordings. Your friend can still request them though and can request a copy of all the notes on his file. I believe you have to do that in writing.

needuradvice

Thanks Anatidaephobia.

He has typed 2 letters to send to them:-

• 1st letter is a Subject Access Request to all telephone conversations and notes/letters for the claim.
  
• 2nd letter is an appeal letter asking them to reconsider the decision and explaining why he believes they are in the wrong - highlighting that he has already notified them.

Does that sound okay?

Icequeen99

needuradvice wrote: »

Thanks Anatidaephobia.

He has typed 2 letters to send to them:-

• 1st letter is a Subject Access Request to all telephone conversations and notes/letters for the claim.
  
• 2nd letter is an appeal letter asking them to reconsider the decision and explaining why he believes they are in the wrong - highlighting that he has already notified them.

Does that sound okay?

Yes that sounds fine, although make sure that the 2nd letter is absolutely clear it is an appeal and marked FAO appeals team. He needs to make clear the decisions he is appealing - there will be two.

The reason I mentioned the 30 days is because if it restarted in December 2012, then that is the 12-13 tax year which should have been finalised by now - so he has 30 days from the date of his finalised award notice. Is that the day 5 you are referring to? He needs to find his 12-13 final notice and look at the date on it, that is when the 30 days runs from.

The second decision to appeal will be his latest 13-14 award to cover anything he has missed from April.

The appeal letter needs to spell out the two decisions by saying something like:

' I wish to appeal the final award notice for 2012-13 tax year dated XX/XX/XX and the initial award/amended award for 2013-14 tax year dated XX/XX/XX'

If he is outside of the 30 days then he needs to explain why the appeal is late.

IQ

needuradvice

Oh No! Your kidding me. He's just gone and posted the letter. But he hasn't sent the appeal letter as tax years 12/13, 13/14. He's simply sent a letter explaining that he is not happy with their recent decision and that he would like to appeal against the decision.

What now?

Regarding Day 5 - No...I meant Day 5 from the date of their recent decision not to give him CTC(Disability Element).

needuradvice

Hi everyone,

Sorry for bringing up this old thread. I thought I'd let you know the good news!

1. Even though his appeal was out of the 30 day period, Upon the first appeal, my friend's appeal was granted as within time.

2. Today was his tribunal. He has succeeded in in his appeal and the judge has granted him to get the CTC (Disability Element) backdated for the whole year.

I want to thank everyone who help with their advice.

One thing...how does he know how much is owed to his child? Is there a way of calculating this?

needuradvice

Thank you for the information blondebubbles.

As far as I know, he is owed the full oct 12 to oct 13 - A year's worth of disability element.

The situation:-
Child's DLA was highest care & mobility component
He had left his work in oct 12, so lets assume he was on benefits.

1. Could we work it out?
2. How do I know what dis' elements his child was entitled to?

needuradvice

Thank you very much!

Your right about the income. I have just spoken to him and my mistake is that he actually left his job in dec 12 and was on a salary of £12500pa.

1. So assuming his income, there possibly might be some deductions right?

2. Could you please tell me, how/what part of income affects the child's disability element?

3. Also can HMRC still appeal against this decision or is this the final? How will they return the monies owed?

4. Lastly he checked in his bank account statement and it shows that before this mistake, he was getting £292 per week ctc, but after they made the mistake this dropped to £225 per week. So can I assume that the difference being approx £67, then multiply it by 52 weeks is the approx amount owed?

needuradvice

Thank you again.

Just a couple of things:-

1. Can HMRC still appeal against this decision or is this the final judgement? How will they return the monies owed and how long can this take?

2. The tribunal judge simply gave his decision, but didn't mention what the next steps are. Should he contact HMRC or await until they respond to him?