Childcare Vouchers Refund - breach of contract

Sorry about this lengthy post but bear with...
My husband works for a large well known company and when our kids were younger, he purchased childcare vouchers via salary sacrifice. Many of the school holiday childcare arrangements we used didn't accept the vouchers so we ended up with a surplus and stopped the "sacrifice" a couple of years ago. The balance on the statement shows over £2500. My husband's company will not arrange a refund via the childcare vouchers provider, despite at the time of introducing the scheme stating the following
"Please note that Childcare Vouchers can only be refunded for
cash, which will then be subject to income tax and National
Insurance contributions, will be when the employees only child
or youngest child reaches the childcare voucher benefit
eligibility cusp age and can no longer participate in the
Childcare Voucher Scheme. E.g. 1st September following a
child’s 15th birthday or 1st September following a child’s 16th
birthday if registered disabled. "
Is it now breach of contract not to agree to refund this? (Our youngest turned 15 in October so we should be able to claim the refund on 1st Sept this year)

Comments

  • sheramber
    sheramber Posts: 21,763 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Check direct with the voucher company.

    Some say no refunds , another says HMRC only allow it in exceptional circumstances and with employer's agreement.
  • Mupette
    Mupette Posts: 4,599 Forumite
    It's your employer's rules on refunds, you will find childcare voucher companies have no jurisdiction on this.

    The refund has to go through payrol for the tax and NI deductions and are usually in the following months wage pack if payroll are on the ball.

    What have the employer said that this September they will not refund?
    GNU
    Terry Pratchett
    ((((Ripples))))
  • onlyroz
    onlyroz Posts: 17,661 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Or you could spend the vouchers. PGL accepts them so you could send the boy on a few adventure holidays.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry about this lengthy post but bear with...
    My husband works for a large well known company and when our kids were younger, he purchased childcare vouchers via salary sacrifice. Many of the school holiday childcare arrangements we used didn't accept the vouchers so we ended up with a surplus and stopped the "sacrifice" a couple of years ago. The balance on the statement shows over £2500. My husband's company will not arrange a refund via the childcare vouchers provider, despite at the time of introducing the scheme stating the following
    "Please note that Childcare Vouchers can only be refunded for
    cash, which will then be subject to income tax and National
    Insurance contributions, will be when the employees only child
    or youngest child reaches the childcare voucher benefit
    eligibility cusp age and can no longer participate in the
    Childcare Voucher Scheme. E.g. 1st September following a
    child’s 15th birthday or 1st September following a child’s 16th
    birthday if registered disabled. "
    Is it now breach of contract not to agree to refund this? (Our youngest turned 15 in October so we should be able to claim the refund on 1st Sept this year)

    Have you provided a copy of that original statement to the company and asked them to confirm that they will be able to make the refund, via payroll, in September? If your son turned 15 in October 2015 then under the rules quoted you are not entitled to a refund until 1st September 2016.

    Are you sure tat you have not, atany time since that original issue, been notified of any changes to the rules?
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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