Tax credits/universal credit help

sheramber

Which tax credits are you talking about.- working tax credits or child tax credits.

If you are no longer working then you won't be entitled to any working tax credits so if you need money to replace your wages you need to claim Universal Credit.

calcotti

sheramber wrote: »

Which tax credits are you talking about.- working tax credits or child tax credits.

If you are no longer working then you won't be entitled to any working tax credits so if you need money to replace your wages you need to claim Universal Credit.

Good point. However as OP says they have 3 children there would be a CTC entitlement. Any Tax Credit claim covers both.

sheramber

calcotti wrote: »

Good point. However as OP says they have 3 children there would be a CTC entitlement. Any Tax Credit claim covers both.

Yes , but if she is not working then there will be no WT C payment

So only CTC would be payable .

But she has no earnings so would she not need to claim UC for that and then CTC would stop and all be paid under UC?

calcotti

I may be missing your point. A tax credit claim can be CTC only but the claim covers potential entitlement to both. If OP had live Tax Credit claim they could continue to get CTC even if not working. However I think this is academic, OP is probably stuck on UC and trying to reverse out is risk and may fail. Better, in my opinion, to stick with UC and establish an income stream.

calcotti

Found this https://revenuebenefits.org.uk/universal-credit/guidance/existing-tax-credit-claimants/making-a-universal-credit-claim/
See last section about mistaken claims.

The decision in the tribunal case referred to says
https://assets.publishing.service.gov.uk/media/5bbc5a0eed915d23a6b835eb/CTC_1276_2018-01.pdf

11. I have considered whether the withdrawal of the claim had retrospective effect so that there never was a claim. I am not aware of any decision in which the retrospective effect of withdrawal has been considered. My reading of regulation 8(1) is that it requires the simultaneous existence of a claim and the Secretary of State’s satisfaction on the basic conditions. In this case, a claim was made and the Secretary of State was satisfied while that claim existed. That is sufficient. The subsequent withdrawal of the claimant cannot rewrite history by pretending that the claim was never submitted in the first place.

and

13. The purpose of transitional provisions is to manage change. In this case, the change was from tax credits to universal credit. The change from one benefit to another can take different forms. Regulation 8 takes the form that is sometimes known as sudden death: the occurrence of an event triggers the transfer of the claimant from one benefit to another. That is how Parliament has chosen to move claimants into the universal credit regime. The trigger event is the making of a claim. That is what happened and what happened thereafter did not rewrite history.