Backdated benefits - why not if this is my money?

[Deleted User]

mitchaa wrote: »

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.

Every call made, as long as the national insurance number is given, is recorded under the details of the applicant.
Every call is allocated a unique ID number automatically and listed on the call history.

There is also a note left by the adviser for every call.

You can ask for transcripts of calls made between specific dates.

Again, the board is here to give advice of what can/should be claimed not benefits policy.

skoda38

just wondering, if the IR found out i hadnt been paying enough tax and it was their fault for not taking it off my wages, would they only go back three months?
p.s if you meet the rules, benefits are a right. as for the poor getting everything, dont see many of the hard done by middle classes rushing to be poor so they can claim all these fantastic benefits.

bestpud

skoda38 wrote: »

just wondering, if the IR found out i hadnt been paying enough tax and it was their fault for not taking it off my wages, would they only go back three months?
p.s if you meet the rules, benefits are a right. as for the poor getting everything, dont see many of the hard done by middle classes rushing to be poor so they can claim all these fantastic benefits.

They would wipe it out if you can argue you could not have reasonably been expected to notice the error.

This happened with dh one year. They tried to claim back tax relief they had given him in error, but we said he is employed (paye) and as such, was not involved in paying his tax. Therefore it was ok for him to assume he was being taxed correctly.

However, it is more difficult for people who do self assessments as they should be more aware of any errors.

[Deleted User]

There are different rules for different benefits etc.
This was a change of circumstance that was not reported. The guidance notes that accompany the Tax Credits application pack state that a change of circumstance must be reported within a specific timescale and if it is not, there will be penalties. I have never seen any financial penalties applied to anyones claim but they will be backdated for only 3 months.

An example of different rules would be that those who did not claim childrens tax credits in 2001/02 and 2002/03 are able to retrospectively apply for it within a timescale of 6 years.

Laws and rules change whether we like them or not.

tigtag02

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

subsoniccoyote wrote: »

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.

Sorry subsonic but Sou is right when it comes to income tax ~ if you owe the tax man you owe him. The onus is ALWAYS on you.

Income tax and TC's are two completely different entities.

tigtag02

skoda38 wrote: »

just wondering, if the IR found out i hadnt been paying enough tax and it was their fault for not taking it off my wages, would they only go back three months?

HMRC (formally IR) dont take the money off your wages your employer does but ultimately the reponsibilty to pay the correct tax is yours. And the simply answer to your question is no, they can go back years.

[Deleted User]

tigtag02 wrote: »

Sorry subsonic but Sou is right when it comes to income tax ~ if you owe the tax man you owe him. The onus is ALWAYS on you.

Income tax and TC's are two completely different entities.

Sorry, I dont think I worded my reply right in that post - I was meaning with TC not Taxes.

I dont have a clue about income tax rules & regulations so wouldnt even try to delve in to that subject.

krisskross

tigtag02 wrote: »

HMRC (formally IR) dont take the money off your wages your employer does but ultimately the reponsibilty to pay the correct tax is yours. And the simply answer to your question is no, they can go back years.

They sure can. I have just finished paying back an underpayment from 2003-2004.

I didn't tell them about a change in circumstances:rotfl:in that i was receiving a pension of £50 a week from December to the end of the tax year. There was no options about paying , my code number was adjusted to recoup the money.

skoda38

tigtag02 wrote: »

HMRC (formally IR) dont take the money off your wages your employer does but ultimately the reponsibilty to pay the correct tax is yours. And the simply answer to your question is no, they can go back years.

my point exactly, if you owe them money its years, the other way around its three months. one rule for the trillion pound hmrc another for the poor.

[Deleted User]

But the point is, the OP did not notify of the change of circumstance.

If he called up and said "I have a change of circumstance, I now have childcare costs" and the adviser said "ok your details have been changed" - the details should be updated. If the adviser did not make the change or said "there is no point because it wont affect your award" then there is an appeal for the backdating to be applied.

HMRC DO NOT OWE something that wasnt claimed.