| T O P I C R E V I E W |
| markjane |
Posted - 25/02/2009 : 13:28:55
our son greg gets higher mobility & middle care. when filling in form in 2002, it wasn't clear which was relevant on disability section. we put on form that it wasn't clear which disability they wanted notification for & ticked box for higher disability care component & middle care component. Looking back yer we made a mistake, hindsight wot a wonderful thing! Our appeals against the clawback of overpayment have fallen on deaf ears. Do we go to adjudicator's office or stop wasting any more sleep & tears ? Thanks |
| 4 L A T E S T R E P L I E S (Newest First) |
| PJD |
Posted - 27/02/2009 : 22:44:27
hiya MarkJane
yours is a common overpayment cause. many people who were eligible for a disability component were caught off guard by the categories. it seems they don't match the categories the DWP use.
but especially because you indicated you needed it clarifying i encourage you to bring your case to the Adjudicator. although HMRC will probably argue they didn't read the form (in the early years the forms were scan read directly into the computers) i would argue you were not to know that.
kick your MP up the bum to represent you in this, if they don't help you, let me know how they are and i shall contact them for you, with a patented and shameless mix of flattery, name dropping, offers of support and chastisement! email me at paula@taxcc.org if you need it.
cheers
PJ |
| Ali M-W |
Posted - 27/02/2009 : 08:13:18
Hi Markjane, sorry to hear that you have had problems with the forerunner of working/child tax credits. Have you tried taking this to the Low Incomes Tax Reform Group? I am sure they will either be able to help or know someone who can...
Meanwhile, I feel your MP could be doing more for you. If the dispute route isn't known, it's simply not good enough leaving this for you to puzzle out for yourself. Either they should reinvestigate and help you, or any so-called debt should be written off.
Using an analogy, if there is a vaguely-defined incident, no clues at the scene and no officers to even look into it, how can they artbitrarily hold a particular person responsible? It just doesn't add up! Basically they are saying that you have a debt they can't account for, or look into for you, but pay it anyway! This is utterly ridiculous, so before I took this to Adjudicaton I would be wanting some better answers. They can't have it both ways - expect you to pay or to do all the running to prove your innocence when no-one seems to have a clue how to advise you or what to do. This is where your MP could be asking a few serious questions and helping you out. Bet he's Labour!
Trinity: No one has ever done anything like this.
Neo: That's why it's going to work.
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| markjane |
Posted - 25/02/2009 : 16:27:10
mp sent us detailed reply from cssg manager stating wftc was replaced by wtc & ctc from 2003, so they can no longer deal with wftc enquiries and we should have noted mistake in wtc & ctc paperwork! Don't know if adjudicator would be sympathetic? |
| Alan the Geordie |
Posted - 25/02/2009 : 14:30:46
Hi Markjane.
This may be very simplistic, but so far as I'm concerned if their forms are not clear enough for you to easily understand, then it's their fault and that is the argument that I'd be using.
Right now, I'd be telephoning them to tell them I was in dispute with them and then I'd be writing to them confirming what was said over the phone by whom to who - with the date & time of the call - and repeating that I'm in dispute and that until the dispute process has run its entire course they will not be recovering the alleged overpayment.
I'd sent it to them by recorded delivery and keep a copy for myself. I'd also make a log of the time I'd spent on the phone, writing the letter, pstage costs etc.
I'd also be informing my MP that I could be having problems with HMRC Tax Credits and tell him that if that is indeed the case, then I shall be calling on him and - as his constituent - shall expect his full support.
Don't ever forget that YOUR MP works for YOU !!
"The best way to take control over a people and control them utterly is to take a little of their freedom at a time, to erode rights by a thousand tiny and almost imperceptible
reductions. In this way the people will not see those rights and freedoms being removed until past the point at which these changes cannot be reversed."
Adolf Hitler |
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