| Author |
 Topic  |
|
|
tracy
Rank; Hector Tax Inspector
United Kingdom
5 Posts |
 Posted - 17/03/2009 : 17:08:07
|
I have appealed against a claim of 14,000 pounds to WFTC going back to 2006. They have now reduced the claim, saying that they now believe that I have not or had a partner for many years, but have not told me by how much.
I now have an appeal hearing on 15-4-09 for the rest of their claim. Which is for disability payments, which they are prepared to pay up until 2006, but want the money back for 2006-2008. The disability payments are for being dyslexic. I have sent them copies of a pschologist report confirming dyslexia and the extent and also letter from when I was at university confirming that I was given a disability allowance.
Can you please advise what to expect when I go to the hearing. They have asked that I bring the "submission", apparently this is the set of papers relating to my appeal, (I dont know what they are talking about). Is that all the paper work I have? And all the copies of the paper work I asked for under the Data Protection Act?
I am going on my own. I am really frightened. I really dont know what to expect. Is it like a court room? Will I have to swear an oath? And if this dose not go well, can I appeal again?
Thanks Tracy.
tracy
|
|
|
TCC Webmaster
Da Purple one
Virgin Islands (United Kingdom)
129 Posts |
Posted - 17/03/2009 : 18:25:26
|
Hi Tracy,
Please could you post as much info about your claim - and it's clawback. That will allow us to give you best advice, without having to ask you more questions.
I keep saying it, but I'm just a simple webmaster' ( ) - and your case is outside my comfort zone to give advice on. I've forwarded details to Paula, (our founder member and case expert), and no doubt she will be along within the next few days (sorry, but we are really busy).
Keep your chin up, and remember that you are amongst friends here.
Cheers,
Graham.
Make change happen!!
Support our 'Justice is an Amnesty' campaign on the Labour website 'LabourSpace'
Register and vote at http://www.labourspace.com/view_campaign?CampaignId=125
The original 'point & click' interface was a Smith & Wesson !! |
 |
|
|
Alan the Geordie
Da Purple one
2787 Posts |
Posted - 17/03/2009 : 18:40:03
|
>>I keep saying it, but I'm just a simple webmaster'<<
He's fibbing!!
He's the webmaster, but he's anything but simple!!
Now Gordon Brown ...... HE'S simple!!
"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 |
|
|
|
missfroy2
Rank; Captain Gordon
236 Posts |
Posted - 18/03/2009 : 08:17:21
|
Hi Tracy
If you are unsure of the process, ring the appeals tribunal. They are independent from HMRC and will be happy to talk you through your questiosn and what will happen.
Also, you can make an appointment with Citizens Advice (probably a tribunal specialist), although it is probably too late to get someone to represent you they will be able to answer your questions and talk you through what you need to do.
Without knowing the exact details of your case it is hard to give you any specific help, however what I would say is that if this is about the disability element you should start with the disability fact sheet.
Basically, the tribunal (nor HMRC) cannot award you anything which you are not entitled to under the tax credit legislation.
So, regardless of what disabilities you have and how that impacts on your life, to get the disability element you have to meet the tax credit definition of disability.
There are 3 parts to this:
1. You must have a disability that puts you at a disadvantage in getting a job (there is a long list and normally this is the easiest part to satisfy)
2. You must be working at least 16 hours
3. You must be in receipt of a qualifying benefit (or have recently been in receipt of a qualifying benefit).
It is number 3 that proves a problem. A disability allowance paid by a university is not one of the qualifying benefits, so you need to have a look at the list of qualifying benefits and see if you received anything that would fit that list. This is where CAB might be able to help you.
The full list of everything you need to check is here: http://www.hmrc.gov.uk/taxcredits/tc956.pdf
Remember, that you will only 'win' and have the disability element if you meet these conditions. The tribunal cannot add to these or accept anything else, they are just looking at whether HMRC have decided the law correctly.
If you lose the appeal, there can be a furthe appeal against the tribunals decision but only in certain circumstances. If you lose because you did not meet the criteria, then I am afraid you will no longer be able to appeal BUT you will be able to start the dispute process.
Finally, please do try and get some professional help so you know a bit more about the disability element before you go. If CAB cannot help you would try www.taxaid.org.uk or www.litrg.org.uk
Good luck and try not to worry.
MF2 |
|
|
|
tracy
Rank; Hector Tax Inspector
United Kingdom
5 Posts |
Posted - 21/03/2009 : 18:18:48
|
Thank you for all your help and advise.
I think that I am going to lose my appeal. I do not meet all three of the disability criteria. I have not or will not ever claim for a disability benefit. If i do i could prejudice myself at work. I am a critical care nurse in a burns intensive care unit. I struggle to keep up with everyone else due to my dyslexia, but it means i have to try twice as hard and i have to memorise everything. If they found out i was dyslexic it would affect my working enviroment. They will think that i am incompetent, incapable and thick. I know they shouldnt, but they would and this would mean another fight I have to face.
I am goint to go to the meeting they have arranged and have to accept the consequences. Then it will just be the matter of trying to pay back such a large amount of money on a single nurses income.
Thank you again, it has been very much appreciated.
Tracy
tracy |
|
|
|
missfroy2
Rank; Captain Gordon
236 Posts |
Posted - 21/03/2009 : 19:33:06
|
Tracy
Even if you cannot win the appeal, all is not lost. There is still the dispute route.
COP 26 (the guidance that HMRC give on disputes) says that they will write off overpayments where there are exceptional circumstances. I would certainly think an argument could be put together about your dyslexia and the obvious difficulties that would entail for you when filling in the form. You would certainly have nothing to lose by trying this route before agreeing to repay anything.
As I said before, it really would be best to speak to someone. Try www.taxaid.org.uk or www.litrg.org.uk who have both been posted on here before and I think both are charities.
MF2 |
|
|
|
Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 22/03/2009 : 07:51:05
|
Are you in UNISON? They are big in the social care world. If not, I would seriously consider joining. After 14 weeks - and it may be less - they can help you with these kinds of things. UNISON Welfare may well take on your case.
You could also contact the Disability Alliance, as they would also probably be able to advocate for you.
If you go to your tribunal armed with advice from here and from Paula at TCC ( paula@taxcc.org ), you could do well. Try not to have the result in your mind before you even go! You might also be able to get it postponed pending representation.
Good luck!
Please vote to bring our 'Justice is an Amnesty' campaign to the government’s attention, and ask all your friends to do the same!
http://www.labourspace.com/view_campaign?CampaignId=125
|
|
|
|
PJD
Da Purple one
United Kingdom
269 Posts |
Posted - 24/03/2009 : 00:43:32
|
hiya Tracy
i can completely sympathise with your situation. I'm dyslexic too and when i first had to start dealing with HMRC they could have all been talking dutch for the difference it would have made.
there seem to be be two separate reasons for your overpayment's (not unusual) 1) the partner issue and 2) the disability element issue.
I'm wondering if you might actually mean that you 'Disputed' rather than 'Appealed' about the partner issue (I'm not trying to be picky here, I'm just trying to work out which processes you are using where)
Miss Froy, as ever, has given some useful info re appeals, and i have to say that from what people have told me about their experiences of the tribunals; the tribunal staff are friendly and helpful and try to avoid being intimidating and bureaucratic. in many i have heard of HMRC have been told off for being unhelpful and confusing during the process, so it doesn't sound like they are bias.
get a rep to go with you if you can. you might even be able to delay the appeal if you can get a rep to make another date.
this is a complete shot in the dark, but where abouts in the country are you?
as Miss Froy says, you can appeal again (if you have whats called an 'appealable issue') but its important to note that even if you loose this appeal you can still Dispute the overpayment's too.
but one step at a time, i know how overwhelming this all is.
re the disability appeal. i would go along with it (we recommend not to go along with law court dates or HMRC only meetings tho) and see what the result is.
and email me (paula@taxcc.org) to tell me where in the country you are and a bit more about this partner issue too and I'll see where we go from there.
cheers
Paula
|
|
|
| |
Topic |
|
|
|
Tribunal Appeal- Ive got mine soon
