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lou-labelle25
Rank; Hector Tax Inspector


United Kingdom
3 Posts

Posted - 21/07/2008 :  21:32:58  Show Profile Send lou-labelle25 a Private Message  Reply with Quote
hi there,
new to the forum but it looks very helpful and with a few people in the same situation as myself!

I recieved the annual renewal pack, filled it in and posted it off.
five weeks later I recieved a reply. (this morning)

Now I claim both working and child tax credits as part of a couple. (my partner works and i do not currently)
we also have two children.
We have been claiming tx credits for 3 years and have never had any problems!

until now!
I recieved the letters today with the final decision stating that we now no longer recieve working tax credits and my child credits have been reduced due to my partners earnings apparently being to high!?!

And then I opened another letter stating that we have been overpaid a little over £6000 in the last year!?!

I really dont know what to do and cant understand how this has happened?
can anyone else give me a little help before I unleash my fury on the tax credits supposed help line in the morning?

auntieh
Rank; Really should become a politician



United Kingdom
619 Posts

Posted - 21/07/2008 :  22:23:48  Show Profile Send auntieh a Private Message  Reply with Quote
Hi there

Sorry to hear of the shock you have had. It's not an uncommon story here I'm sorry to say. I am not an expert but it seems to me as though you should seek an immediate explanation for the alleged overpayment and put in a dispute.

It's true that tax credits are based on the previous tax year's income so it's possible that an overpayment might arise if your partner's income has risen during the year in which you are paid. However, for the last few years there has been something called an income disregard, whereby your income can rise by up to £25k in a year without affecting your entitlement and consequently there should be no overpayment to worry about. I don't know many people who might have a pay rise of over £25k in one year (if so how do I apply!)so in theory most people should be protected from overpayments.

Theory is one thing though and in practice there are all kinds of other reasons why an overpayment might have arisen, such as HMRC inadvertently recording your partner's income as zero somewhere along the line. Yes that does happen with alarming regularity. If they have made such an error, they will try to claim that you should have spotted it on your end of year award. The trouble is the offending item has sometimes been corrected by then so how is anyone to know? This is only one example of what can go wrong.

I suggest you ring TCO in the morning and tell them you are disputing this at the moment, at least until you have received a coherent explanation that complies with gudiance in the HMRC Code of Practice 26. Make sure you get the name of the person you speak to and confirm everything you and they have said in a recorded delivery letter.

Then go to the main website www.taxcc.org and download the dispute pack, which will guide you through the process of reqeusting copies of all information held about your claim as well as other steps you need to take. As your claim is still open, it doesn't sound as though they are asking you to pay back the money in one lump. Instead it will be recovered from any ongoing entitlememnt you have but you want to make sure that there really is an overpayment for them to recover!

Hopefully an expert like Missfroy will be along shortly to ask you more detailed questions and offer possible explanations as well as advice on what else you can do.

Good luck and keep in touch.

Auntie

"You can dress a pig in a suit but you can't stop it grunting"
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lou-labelle25
Rank; Hector Tax Inspector



United Kingdom
3 Posts

Posted - 21/07/2008 :  22:38:38  Show Profile Send lou-labelle25 a Private Message  Reply with Quote
See I really want to just believe a mistake has been made somewhere because the rise in my partners wage is only £1000 since last year so its not that much and losing the tax credits is going to leave us very very short in the future! I've just stressed at everyone today and snapped everyones head off because im so worried about it!!
The one good bit of ews was that they we're asking for one lump sum we are still to recieve 150 a month on child tax credit but its to be reduced by 50 a month to make the payments back to them!
It just seems like im paying an awful lot and losing an awful lot for my partner earning £1000 a year more than last year!

hopefully i can get through to them tomorrow and can get them to explain to me in english whats acctually happening!
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missfroy2
Rank; Captain Gordon



236 Posts

Posted - 21/07/2008 :  23:09:49  Show Profile Send missfroy2 a Private Message  Reply with Quote
Has there been any noticeable increase in your tax credits over the last three years? If there was an increase last year compared to what you were getting the the previous years, that might indicate an error on the award notice.

Also check the details on your award notice - have they missed a child off, missed a disability element or got any information wrong?

MF2
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lou-labelle25
Rank; Hector Tax Inspector



United Kingdom
3 Posts

Posted - 22/07/2008 :  10:52:22  Show Profile Send lou-labelle25 a Private Message  Reply with Quote
managed to phone this morning and get a little further than yesterday! apparently when i put my first claim through the initial form had that i was recieving income support, th person i dealt with to make the claim said it would be there but when i got the forms to phone and tell them I had stopped recieving the benefit and all would be well!! So upon reciept of te forms i phoned and said no I am not and have not been recieving this benefit for 6 months !! so that was sorted! then I got last years renewal through filled it in and sent it off same as this year and got back what we'd be recieving! now the kind lady on the phone tells me on your claim for last year it had that you were recieving income support so you got awarded money you were not entitled to!!!! really the cheek of it so I kindly with no swear words at all which is a record for me, informed her that no I do not and never have recieved any kind of benefit while claiming tax credits and that had took me two previous phone calls to sort (or what i thought was sort!) at the very beginning!
Final outcome was I had been recieving TC for a year that i was not entitled to and that i had to repay the money but I asked for a appeal pack as I feel three phone calls from myself which I kept the dates and times of these phone calls, is enough to say this is not my fault! So I will be disputing this with them!

But what i really dont understand is this:
tax credits for low income families,
if one of you is working and earninbg 21k a year and the other isnt with 2 kids you get nothing
If one of you is working earning 21k a year and the other is recieving MORE money on income support then you get tax credits??????

they way I see it is this whole thing has turned to a massive farce its a disgrace of a system and for them to tell me im benefiting by giving me 100 quid a month is a bloody joke!
there's people out there who are now recieving more than me and there household income taxable or not is more than mine!
once again the system works if your someone recieving some kind of other benefits
but if your not then like me this year i shall be up sh*t creek with a dissolving paddle!
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auntieh
Rank; Really should become a politician



United Kingdom
619 Posts

Posted - 22/07/2008 :  22:12:35  Show Profile Send auntieh a Private Message  Reply with Quote
That's good. Sounds like you've got the bit between now your teeth now and are in a positive frame of mind to take them on.

From what you say I would think it will be down to you to obtain recordings of the phone call/s you amde originally telling them that you were not in receipt of IB and where you were told all was in order. You also need to get hold of all the paper records they have on your claim. Hopefully these will help you to prove that it was reasonable for you to believe your payments were correct. So definitely time to send in a SARN request (see main website).

Would also be a good idea to contact your MP, let him/her know what is going on and ask them to intervene on your behalf.

I agree there is loads wrong with this system and the way it is run. Unfortunately on here we are the ones who have found this out through bitter experience!

Good Luck

"You can dress a pig in a suit but you can't stop it grunting"
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franners
Rank; Hector Tax Inspector



United Kingdom
40 Posts

Posted - 29/07/2008 :  19:09:37  Show Profile Send franners a Private Message  Reply with Quote
Definitely get on to your MP. I initially went about things quietly but got no joy. Have found that the more you phone,write, contact press and keep on at them the quicker things get done (although still slow we are talking weeks rather than months!!). Good luck with your dispute and stick with it!!

Edited by - franners on 30/07/2008 09:45:00
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missfroy2
Rank; Captain Gordon



236 Posts

Posted - 29/07/2008 :  20:58:37  Show Profile Send missfroy2 a Private Message  Reply with Quote
Hi

You said above:

if one of you is working and earninbg 21k a year and the other isnt with 2 kids you get nothing
If one of you is working earning 21k a year and the other is recieving MORE money on income support then you get tax credits??????


Just to dispel anyone picking this up incorrectly, this situation is not possible. Income Support is means tested for a start, so you couldn't get it with income of 21k. Secondly, you cannot get it if you work full time.

Anyway, have you checked your award notices? Does the income support still show on there after you called them to tell them it was wrong?

MF2
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