Please help - wtc taking forever!

FutureGirl

Mum applied for tax credits mid December, and asked for it to be back dated by 2 weeks due to starting work, working 24 hours pw.

She is entitled to the disability element. She was on ESA for 9 years, and is at a disadvantage of getting a job. I believe that she meets criteria A and G of the conditions for disability element.

They came back mid January and said they had rejected her claim as she doesn't work 30 hours pw. I contacted them and said that this was incorrect and that she is entitled to the disability element, and is entitled to wtc because she works more than 16 hours pw (as per the disability element). The adviser agreed and sent an M1 referral.

We chased this a few times, and after about 2 weeks the adviser said that they would send another referral due to the first one taking so long. They also said to send in a mandatory reconsideration, which we did on their advice.

I then spoke with another adviser after about a week, and they then said the M1 referral was finished, and they had re-instated the claim... a few days later I chased for an update again and this adviser said the previous adviser was incorrect, and they had up to 8 weeks to process the mandatory reconsideration. They received this the beginning of Feb (as we sent it Special delivery) and said they had until 28 March to provide a response.

The on March 6th they told us that they had overturned the decision, and that she IS entitled to the disability element of wtc. The adviser said no award notice had been completed and to come back for an update in 48 hours. I did that. But still no update.

I contacted them 3 days ago and this adviser said that they would send a referral due to there being no payments scheduled, and no award notice on the file.

Then today I am being told that, yes, the claim has been re-instated, but it is a 'new claim', and it takes them up to 3 weeks to process a new claim.

I just don't understand how they can be so incompetent and why it's taking them so long. The start date of the claim was Nov 30th, and we're now on 15th March!

Can I complain? Has anyone complained to them before? Does it even achieve anything?

Darksparkle

Did your mum tick the box on the claim form to say she met the criteria for the disability element.

Your mum can complain if she wishes. Really depends on what's atually happening on the system at the time as to whether it will help.

FutureGirl

Yes she ticked the box.

I don't see why they're saying it will now take another 3 weeks to create the award notice as it's a new claim... I thought that it what the 8 week mandatory reconsideration was for!

sheramber

The 8 weeks is the time to reach a decision.

In your mother's case th decision was made on 6 March.

The three weeks is the time for the system to work out the payments due and set up payment. The case will be in a queue to be dealt with. It depends on how many other cases are waiting as to how long it takes.