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Babababor
Rank; Hector Tax Inspector
3 Posts |
 Posted - 28/06/2008 : 00:16:11
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CHILD TAX CREDIT REPAYMENT
I have been through the entire appeals procedure up to and including the Ombudsman and have lost. I am now required to repay £2800
Briefly I spend 9 months overseas every year with my family and only 3 months in the UK. The rules for claiming were not as cut and dried at the outset as they are now, and today I fully appreciate I am not entitled to any credits
However I told the Tax Credit people my FULL circumstances and asked whether being "ordinarily resident" would enable me to claim even though I was only in the UK for 3 months a year.
They made me an award which 8 months later they abruptly withdrew without any reason being given for a further 6 months.
They maintain I should have known the award was incorrect, and I state they had the full particulars and should have rejected my claim at the outset - not 8 months later,
Adjudicator and Ombudsman have found in their favour.
I have savings, have a monthly income of just £650, with no entitlement to any other benefits as I am not in the UK
I have offered repayment at £50 a month and am awaiting their decision.
Are they likely to accept it? if not, what is likely to happen?
Any advice please
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 28/06/2008 : 09:24:07
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Advice? Talk to Paula. Go to www.taxCC.org and click on 'Contact us'. Then ring or email her. I am sure there is something still to be done. I wouldn't even rule out legal action, ie. you/us against them. Best talk.
Crazy, because you live overseas, and may never have been chased for this back if you hadn't engaged with them when they first went chasing you! I will see if I can find the email with this on...
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 28/06/2008 : 09:26:31
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Okay, here you are. I have deleted the HMRC guy's name. He sent this to Paula:
Sent: Thursday, April 10, 2008 2:02 PM
Subject: RE: overpayments abroad
Paula,
Thank you for your email.
Having considered your issues below I am able to reply as follows. Clearly if we do not know that someone has gone abroad, we will act on the latest information we have. However, where we know that someone has gone abroad, we issue an application for payment but if no response is received we will take no further action.
You really, really, really need to take this big injustice to your old UK MP or whoever represents you in your new home. Ain't you glad you left the UK?
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 28/06/2008 : 09:27:42
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Don't quote me or sue me if I'm not right, but if it was me I wouldn't give the s-ds a penny or euro!!! Let them sing! Take it to the papers!
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 28/06/2008 : 09:29:26
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If they misinformed you, they misinformed you. Different if you really did know, but it sounds as though they messed up themselves. Why should you pay for their mistakes?
Are there any CAB equivalents in your new country?
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Babababor
Rank; Hector Tax Inspector
3 Posts |
Posted - 28/06/2008 : 11:03:11
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quote:
Originally posted by Ali M-W
If they misinformed you, they misinformed you. Different if you really did know, but it sounds as though they messed up themselves. Why should you pay for their mistakes?
Are there any CAB equivalents in your new country?
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
quote:
Originally posted by Ali M-W
If they misinformed you, they misinformed you. Different if you really did know, but it sounds as though they messed up themselves. Why should you pay for their mistakes?
Are there any CAB equivalents in your new country?
Thanks for the suggestion
I live in Thailand - land of the frozen pension.
I receive a pension from my former employer in the UK, and it has been suggested that if I refuse to repay the overpayment then they will collect it through PAYE from my pension.
A No Win situation.
I imagine they will want to investigate my income and expenditure, and decide whether I can reasonably repay. My monthly income for a family of 4 is just £650, which puts me below the poverty line in the UK. However with things much cheaper in Thailand, I can live like a king on this amount. I'll have to wait and see what their attitude is |
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missfroy2
Rank; Captain Gordon
236 Posts |
Posted - 28/06/2008 : 13:14:14
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It would help if you gave more information
Did you ask whether you were eligible to claim before you live in the UK? If so, have you tried to get a copy of this call?
What did you answer to the question that asks 'do you usually live in the UK'? (the guidance notes to which states that this is the place where your main home is)
What year did you apply? Certainly the claim forms do not ask if you are ordinarily resident per se, they ask various other questions such as the one above.
More information might help extract a little bit more advice.
MF2
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Babababor
Rank; Hector Tax Inspector
3 Posts |
Posted - 28/06/2008 : 16:04:37
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quote:
Originally posted by missfroy2
It would help if you gave more information
Did you ask whether you were eligible to claim before you live in the UK? If so, have you tried to get a copy of this call?
What did you answer to the question that asks 'do you usually live in the UK'? (the guidance notes to which states that this is the place where your main home is)
What year did you apply? Certainly the claim forms do not ask if you are ordinarily resident per se, they ask various other questions such as the one above.
More information might help extract a little bit more advice.
MF2
b
I have lived in Thailand for the past 20 years, spending on average 3 months a year in the UK
Because I have averaged 3 months a year in the UK I have received "ordinary residence " status from both the IR and national Insurance.
I initially applied at the commencement of tax creits, jointly with my Thai wife and was rejected as they said we were nor esident in the UK
I wrote pointing out my ordinary residence status and asked whether this would give me elegibility. The reply was that i should apply as a single person
I duly did this, once again clearly pointing out my ordinary residence status, and confirming that my stay in the UK was limited to approx 3 months a year.
In answer to the question "Do I normally live in the UK" I mentioned my ordinary residence status and clearly told them i spent about 3 months of the year in the UK
There were no questions regarding the whereabouts of the children, the only requirement that they should usually live with the claimant and he must be responsible for them. For 9 months of the year they did live with me - in Thailand, and I was financially responsible for them all year long.
2 weeks after I was granted credits AND I NATURALLY ASSUMED THAT ALL WAS IN ORDER - I HAD NO REASON TO BELIEVE THE AWARD WAS INCORRECT
3 months later I claimed for a new child and was immediately given an additional award.
After 8 months when they had requested a sight of the childrens birth certificates (British birth certificate issued in bangkok) they abruptly cancelled the award, merely advising I was ineligible. it was not until 6 months later, after I had lodged an appeal that they gave me reason for cancelling the credit and suggested I withdraw the appeal.
My appeals to the Adjudicator and Ombudsman have been solely on the grounds that I had no reason to believe (at that time) that the award was incorrect since I had gone to great lengths to advise them fully of my circumstances.
They had all the facts but unknown to me and all claimants they scanned the forms and ignored all additional information provided. It was only later that they investigated fully.
How was I to know> They should have investigated fully BEFORE making an award. They invited me to claim as a single person AFTER I had told them of all my circumstances.
Hope this gives you a clear picture of events
I believe the Tax Credit Office were negligent in making me an award, but neither the Adjudicator nor Ombudsman commented on this aspect - only stating I should have been aware the award was incorrect!
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CHILD TAX CREDIT REPAYMENT
