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Tax Credits advice... Child at 17 in 'other education'

We live in Wales and my daughter is in post 16 education, but she is doing an online full time set of A-levels rather than through school. child benefit have pretty much said I'm eligible for nothing (I was prepared for this so not worries here).

Long story short, I've just had notification of tax credits and I am eligible for tax credits, contrary what all the home education sites have said. My problem is I'm concerned now that tax credits have made a mistake and they'll turn round in a year and say I wasn't eligible after all and they're going to want their money back, so I'm getting to the point where in scared to spend it even though I need it!

Does anybody know anything about this specific set of circumstances, or whether they've had HMRC demand money back because they gave money out then decided in hindsight a family was eligible for NONE of it.

I know I have to pay back some of it as I'm self employed and underestimated my earnings but I can't deal with that until I've finalised my self assessment form which I'll do in November.

Any advice appreciated!

In our house, when things break, we just pretend they still work

Comments

  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    According to this:

    http://www.revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/entitlement/ctc-elements/

    then the student has to have been home educated before their 16th birthday to continue to qualify. In fact, the same as Child benefit.

    But I am not an expert.

    Blondbubbles, a regular poster is very knowledgeable about tax credits so hopefully will see this and advise.

    Did you tell tax credits that you had been refused Child Benefit?
  • Thanks bubbles and Lindy.

    No she wasn't in HE before 16, and I haven't told tex credits about child benefit as it hasn't been refused yet, it's gone to appeal, but I'm not expecting a good result. I think the confusion comes because the tax credits guy who sorted the claim said her course was eligible because of the supervision requirements and the study hours, whereas other sites say it might not be.

    Do you think there's been a mistake then?

    In our house, when things break, we just pretend they still work
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks bubbles and Lindy.

    No she wasn't in HE before 16, and I haven't told tex credits about child benefit as it hasn't been refused yet, it's gone to appeal, but I'm not expecting a good result. I think the confusion comes because the tax credits guy who sorted the claim said her course was eligible because of the supervision requirements and the study hours, whereas other sites say it might not be.

    Do you think there's been a mistake then?

    Only know what I've read.

    My only other suggestion would be phone again saying that the child benefit has gone to appeal plus make sure that they know your daughter wasn't home educated before the age of 16.

    If they still say you are entitled then make sure that you take the person's name, date and time of call and write down exactly what he/she says. They should send a confirmation letter which you can then check for 'mistakes'.

    All telephone calls are recorded so if you keep a record of who you spoke to, when and what was said, then if they change their mind later and say you have an overpayment it will be an 'official error' and you would not have to pay it back.

    You must make sure though that you give them all the information about what your daughter is going to do and what she was previously doing.
  • Tiffany_Aching
    Tiffany_Aching Posts: 463 Forumite
    edited 11 September 2014 at 2:19PM
    You may find these links helpful. The first one will help you on how to word things when explaining your child's education to CHB and CTC (under 'Tips')

    Link

    Education Otherwise Child Benefit

    *Edit - She would have had to have been Home Educated before she turned 16 for Tax Credits, so I don't think you will have a claim.

    However, according to This link I would have thought that you could claim Child Benefit?
    Jan NSD 4/15
    2015 Pay £7000 Off Debt No. 107 £566.51/£7000
  • pmlindyloo wrote: »
    My only other suggestion would be phone again [...] plus make sure that they know your daughter wasn't home educated before the age of 16.

    They already know this, I remember them asking
    pmlindyloo wrote: »
    If they still say you are entitled then make sure that you take the person's name, date and time of call and write down exactly what he/she says. They should send a confirmation letter which you can then check for 'mistakes'.

    I've got the confirmation letter through this morning. Is that the one you mean?

    pmlindyloo wrote: »
    All telephone calls are recorded so if you keep a record of who you spoke to, when and what was said, then if they change their mind later and say you have an overpayment it will be an 'official error' and you would not have to pay it back.

    THIS! This is what I wondering about... what are the rules about overpayments and official errors, and what they can demand back and what they can't... Because....
    pmlindyloo wrote: »
    You must make sure though that you give them all the information about what your daughter is going to do and what she was previously doing.

    I did this. I was honest in the phone call, and didn't make any mistakes or tell any even slight untruths about the course. The guy I spoke to seemed happy once I explained they were A-levels which she would be taking in June 2015 / 2016, and added up to more than their 12 hours required minimum study per week (I called NEC to check this). They know she was in school previously.

    In our house, when things break, we just pretend they still work
  • In what way is the education supervised if online?

    From what I have read, you cannot claim child benefit or child tax credits for home schooling if the child wasn't home schooled before the age of 16.

    That's what I thought but I applied anyway and it seemed to go through. The supervision is via tutors. It's not supervised 100% but she has to submit regular assignments etc so some level of supervision is given, and support via email, phone call etc.

    In our house, when things break, we just pretend they still work
  • You may find these links helpful. The first one will help you on how to word things when explaining your child's education to CHB and CTC (under 'Tips')

    I read that already :) It's more geaared to home edders who are not doing anything with exams at the end or could look like a 'course' in the trad sense of the word. I think that;s where I got through.... she's doing A-levels, and if I remember rightly, as soon as I mentioned 3+ AS levels and gave an exam date, he was happy to proceed with the rest of the information.

    I guess I won't spend the money, I'll keep it as an emergency fund as nobody here seems to think I'm eligible to keep it :(

    In our house, when things break, we just pretend they still work
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 September 2014 at 3:25PM
    They already know this, I remember them asking



    I've got the confirmation letter through this morning. Is that the one you mean?




    THIS! This is what I wondering about... what are the rules about overpayments and official errors, and what they can demand back and what they can't... Because....



    I did this. I was honest in the phone call, and didn't make any mistakes or tell any even slight untruths about the course. The guy I spoke to seemed happy once I explained they were A-levels which she would be taking in June 2015 / 2016, and added up to more than their 12 hours required minimum study per week (I called NEC to check this). They know she was in school previously.

    Did you get the guy's name and make a note of the date and time - you may need this if later you need to prove it is an official error.

    A link about this:

    http://www.litrg.org.uk/News/2004/tax-credits-overpayments-and-official-error
  • pmlindyloo wrote: »
    Did you get the guy's name and make a note of the date and time - you may need this if later you need to prove it is an official error.

    A link about this:

    http://www.litrg.org.uk/News/2004/tax-credits-overpayments-and-official-error

    I didn't, unfortunately. I remember asking him over and over if the phone call was recorded though and him saying definitely yes. I may have details somewhere other than my diary though, that'll be worth checking

    Cheers for the link, that's really helpful :)

    In our house, when things break, we just pretend they still work
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