Can I claim backdated working tax credit???

janeboo

Hi all, first time posting!
About 5 years ago I was at University as a mature student, and received Child tax credit for my son.
When I started working they wrote to tell me that I was no longer entitled to CTC or WTC. I rang to query this and it was confirmed over the phone. At the time the tax credit system was fairly new, and there was a lot of publicity about it going pear shaped, so I unhappily accepted this.
Fast forward a few years... talking to friends, I realised that I should certainly be entitled to WTC, so claimed again in August 2007 and was given payments backdated to May 2007.
Realising that I had missed payments since 2003 (lots of money!!!), I wrote in October 2007 (enclosing an original of their notice to me in 2003) to request refund of payments, since it was their error, and was told they can only refund 3 months. Not sure how I was supposed to know this, as it was they who told me I was no longer entitled!
Since then I have discovered this wonderful site (currently in process of reclaiming bank chrges), and wondered if anyone can help me?
Would be grateful for any advice!

mitchaa

More chance of winning the lottery.

janeboo

Thanks mitchaa!
Is this based on personal experience/expert knowledge? Or just a general cynicism about the system?!
:EasterBun

mitchaa

Fortunately i dont have any experience with benefits myself and hopefully im never likely too but the answer is based on the 3 month rule.

Imagine everyone else wanted backdated CTC/WTC payments from when the system was setup in 2003. There would be a major shortfall in the budget.

You can try and go down the misadvised route but you would need evidence of this.

Hence why i said, more chance of winning the lottery

But all the best and keep us updated of any progress:)

suelees1

Janeboo,

In cases where there has been financial loss because of HMRC error or maladministration you firstly need to go down the internal complaint route to apply for financial redress. HMRC website has details.

If this fails or even at the same time you should complain to the Adjudicator.

A third and final route is to go to your MP and tell him/her you would like your case referred to the Parliamentary Ombudsman. The HMRC website should give contact details.

It all seems a drag but keep at it. You shouldn't lose out because of the incompetence of HMRC. They've been making mistakes from day one of the introduction of tax credits.

http://www.adjudicatorsoffice.gov.uk/

http://www.ombudsman.org.uk/make_a_complaint/parliamentary/index.html

janeboo

thanks suelees1, that sounds like great advice, I'll give it a whirl.
:idea:

whiplashsal

If they advised you via the telephone... there will be records. Under the freedom of information act you can obtain a CD with all your phone calls made to clarify if they did, indeed, mis inform you. That would be my starting point. Also use the freedom of information act to obtain all your written papers too. Under the old WFTC rules, if you were a student working 16 hours or more you would have been entitled to claim, so i can't understand why they told you that you were no longer entitled if you were in exactly the same situation. My memory of that time was one of hysteria on the TCO's part. No-one knew what was going on, and the computer system was so inadequate (and still isn't fit for purpose) that the helpline staff didn't know what was going on!

The rules do unfortunately state that back-dating can only be done for 3 months but further back-dating will be considered if it is proved that you have been misadvised.

Good luck