WTC with disability element

Gellar9

Kitten347 said:

Any luck today Gellar?  I've received a letter from Complaints Investigation Manager dated 28th May.  Thanks me for recent contact but doesn't say which contact she refers to!  My first contact was on 14th May by phone followed by going on chat and letters to them.  She says I will hear in 15 days time - 15 days from which contact is that?  Looked online and it's still being processed.  What a complete and utter mess this is

I haven't phoned them as  she said wait until 5th, but I now have tracking in my gov uk account. Says received yesterday, work started, processing, due to be completed 22nd June.....i'd have thought it would only take a few clicks to sort it, so I hope processing means it's in a  pile, not they will stop it the day before a payment (I get paid weekly).

I imagine the 15 days is from the date of their letter? So dated 28th May, you should hear by 12th June?

Kitten347

I’ve looked online and mine is still being processed, estimated completion 8 June. They’ll probably find some reason to delay a decision.

Gellar9

Kitten347 said:

I’ve looked online and mine is still being processed, estimated completion 8 June. They’ll probably find some reason to delay a decision.

8 June? Does it say which year? 

Kitten347

Gellar9 said:

Kitten347 said:

I’ve looked online and mine is still being processed, estimated completion 8 June. They’ll probably find some reason to delay a decision.

8 June? Does it say which year? 

That’s exactly what I thought 😂

Gellar9

Kitten347 said:

Gellar9 said:

Kitten347 said:

I’ve looked online and mine is still being processed, estimated completion 8 June. They’ll probably find some reason to delay a decision.

8 June? Does it say which year? 

That’s exactly what I thought 😂

Mine now says processing complete.

I may go online chat tomorrow morning and see what that means as nothing has changed in my payments yet. I only got paid today, so still says next payment 2nd June, maybe tomorrow it will change to no more payments or something.

Kitten347

Fingers crossed Gellar for good news.  Mine is still stuck on being processed, looks about half way.  I wonder how everyone else is doing?  I can't remember how many people have posted that they are in the same boat as us. Hopefully you will leave the boat soon Gellar!

Gellar9

Kitten347 said:

Fingers crossed Gellar for good news.  Mine is still stuck on being processed, looks about half way.  I wonder how everyone else is doing?  I can't remember how many people have posted that they are in the same boat as us. Hopefully you will leave the boat soon Gellar!

No new news today. She just said systems have nothing  new updated and if they need more info they'll be in touch, probably via mail, so still in the boat.
Hopefully you'll get some  response soon. I'd rather they contacted us other than by letter as having to wait for  mail prolongs the worry.

Kitten347

I was sure you would have had some good news today, what a shame. I totally understand they must be short staffed and some working from home but they, in their turn, must understand how stressful this is for us not knowing what is going on.

Gellar9

Kitten347 said:

I was sure you would have had some good news today, what a shame. I totally understand they must be short staffed and some working from home but they, in their turn, must understand how stressful this is for us not knowing what is going on.

All I can do is keep checking, and wait....
I did get a reply from 

Low Incomes Tax Reform Group

Thank you for raising this with us. We are aware that HMRC have recently been sending out letters to tax credit claimants along the lines that you mention. Unfortunately, those letters do appear to be quite confusing because they appear to refer to the recipient’s entitlement to DLA or PIP, when it seems those disability benefits have not been relevant to the person’s tax credit claim. We also understand that some claimants who have received the letter have contacted HMRC and that staff at HMRC have been confused about the other ways to qualify for the disability element (particularly under something called ‘Case G’ in the Regulations).  

 

We are in the process of raising the matter with HMRC in respect of the timing of the exercise, the clarity of the information and instructions contained in the letters and the technical aspects of qualifying through other routes.

 

Having said that, HMRC do undertake this type of exercise fairly frequently, to check that tax credit awards are correct and so it isn’t specifically COVID-19 related. This particular exercise has been run several times during the renewals period in recent years.

 

HMRC are entitled to check awards and to ask for supporting information from claimants. The degree to which they can do this varies according to the specific point in the tax credit annual award cycle. The timing also affects whether the burden of proof is on HMRC to prove someone doesn’t qualify for a particular element/tax credits or whether that burden falls onto the claimant. Currently we are in the renewals period (which runs broadly between 6 April and 31 July) and during this period, until such time as HMRC have sent you your annual renewal pack and subsequently finalised last year’s award and set up your award for 2020/2021, the run-on payments of tax credit can be varied at the discretion of HMRC, even to nil. However, HMRC should not be enquiring into the 2019/20 award until they have issued the renewal pack and then when any decision is made, it should be accompanied by a formal notice (the final decision notice for 2019/20).

 

We strongly recommend you contact HMRC and provide them with the information they have asked for in their letter. Due to the confusion, you may need to explain to them which of the qualifying benefits you are entitled to, instead of DLA/PIP, and you may also need to re-confirm to them that you meet the condition that your disability puts to at a disadvantage in getting a job.

 

• HMRC disability Helpsheet TC956 https://www.gov.uk/government/publications/tax-credits-disability-helpsheet-tc956 :
• HMRC tax credit technical manual  TCTM 2510 https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm02510  and TCTM 2530 https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm02530 .

 

If you reach the point where HMRC make a decision about your award, they will send you a decision notice. Once you have that, if you disagree with the decision you can request a Mandatory Reconsideration (MR), which is the first step in the appeals process. If you are unhappy with the outcome of the MR, you can then appeal to the independent tribunal for your case to be reviewed independently.

 

Kitten347

ooh I sent them a letter too earlier today! We are getting good at all these letters we are sending! 

Good reply though to your letter. My letter to them was probably a bit different to yours as I’ve never received a letter from dwp or even been asked to provide evidence. I’m only guessing that when I updated earnings up to 5 April, it triggered something? I have however mentioned this case G they refer to as I think it could be this as they say in their reply to you  “staff at HMRC have been confused about the other ways to qualify for the disability element (particularly under something called ‘Case G’ in the Regulations).”