Backdated benefits - why not if this is my money?

[Deleted User]

But the point he is making is regarding the policy not the competency of HMRC.

There are set guidlines that you can only be backdated 3 months.

If "the boot was on the other foot" this would be fraud.

It is not a grey area, if you do not claim something you cannot expect to have it laid on a plate for you! Some people dont want to claim benefits even if they are entitled to them, you cannot force the benefits upon them.

krisskross

victoriav wrote: »

Hi cb77, I can definitely see where you are coming from, because if the boot were on the other foot, say for example you'd falsely claimed for say 3 years, then they'd expect you to pay them back
.

I certainly wouldn't use this argument as if the OP had falsely claimed then it would be fraud and certainly me and no doubt the rest of the taxpaying public would expect that it would at least be paid back.

It is up to the claimant to ensure they understand what is going on and to ensure they read the forms correctly. I have never seen a tax credit form but am sure it can't be any different to any other government communications.

[Deleted User]

There is appeals process which can be followed but you would have to prove that you have been misguided and/or given wrong advice.

And do not try to claim this is impossible because it is possible to get full transcripts of calls.

Soubrette

Perhaps a better example would be that if the OP had inadvertantly claimed benefits she was not entitled to because of incorrect advice from the the Inland Revenue - she would still be expected to pay more than three months back.

OP I have a lot of sympathy for you as I hate these inequitable relationships but I don't think there is much you can do unless you were genuinely misadvised by the IR (and even then they would be reluctant)

Sou

bestpud

subsoniccoyote wrote: »

There is appeals process which can be followed but you would have to prove that you have been misguided and/or given wrong advice.

And do not try to claim this is impossible because it is possible to get full transcripts of calls.

The problem is we are not entirely sure the OP was given incorrect advice! It has been hinted at but it seems they were not actually told they weren't entitled to childcare payments.

It looks as though the tax credit operators were responding to a reported change in income, not a reported change in childcare arrangements. In that sense, the information they gave was correct.

[Deleted User]

Soubrette wrote: »

Perhaps a better example would be that if the OP had inadvertantly claimed benefits she was not entitled to because of incorrect advice from the the Inland Revenue - she would still be expected to pay more than three months back.

OP I have a lot of sympathy for you as I hate these inequitable relationships but I don't think there is much you can do unless you were genuinely misadvised by the IR (and even then they would be reluctant)

Sou

If it is proved that incorrect advice was given, the overpayment would be written off.

[Deleted User]

bestpud wrote: »

The problem is we are not entirely sure the OP was given incorrect advice! It has been hinted at but it seems they were not actually told they weren't entitled to childcare payments.

It looks as though the tax credit operators were responding to a reported change in income, not a reported change in childcare arrangements. In that sense, the information they gave was correct.

I agree that it is probably the case that wrong advice was not given but if the OP is adamant that they have been given wrong advice they can get a copy of the transcripts.

This would prove the arguement either way.

Soubrette

subsoniccoyote wrote: »

If it is proved that incorrect advice was given, the overpayment would be written off.

Is that something only with regards to tax credits because I've previously spoken to IR about other tax affairs and been told that wrong advice from the IR is the same as other advice ie taken at my own risk and I'm am still liable for any tax owed even if it is their mistake.

Thanks

Sou

mitchaa

Without exact dates and times and the names of the persons she allegedly spoke too back in 2006, how on earth is she going to apply to get phone call transcripts?

Its not MI5 we're talking about here, millions upon millions of calls are made.

The O.P has no chance and rightly so in my opinion. its not the taxpayers fault that she has not claimed what is ''rightfully'' hers whatever that means.

The O.P should just thank her lucky stars that she from now on is going to get a little help with childcare Benefits are not a right as many people claim, i dont get any for 1 so why should Joe Bloggs down the street.

[Deleted User]

Soubrette wrote: »

Is that something only with regards to tax credits because I've previously spoken to IR about other tax affairs and been told that wrong advice from the IR is the same as other advice ie taken at my own risk and I'm am still liable for any tax owed even if it is their mistake.

Thanks

Sou

If you are given wrong advice you can dispute things like overpayments.
It is not "at your own risk" regardless of what you have been told.