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karenmgibson01
Rank; Hector Tax Inspector
United Kingdom
1 Posts |
 Posted - 04/11/2009 : 09:09:36
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Hi, I received notification from HMRC Tax Credits that they are looking me to pay back £2,904.01 for the period 06/04/08 to 05/04/09.
They are saying that I should not have been entitled to the 'child care' element of tax credits for this period as my mother was looking after my son in his own home. We had been living with my parents up until September this year when we moved in with my fiance.
Obviously when I advised HMRC of this change they looked into my records in more detail and worked out that my son was living at the same address as his childminder even though I had clearly given them our address and the childminders details and my 'registered' childminder has the same surname!
I have never been deceitful or lied on any of my renewal forms to HMRC and told the truth. I do believe that HMRC did not assess my form correctly or they would have known that the addresses were the same!
Is there anyway I can fight this case? I think this is a departmental error as my first claim to HMRC for Tax Credits was back in 2004 and the details have NEVER changed from this date so HMRC had to assess my forms every year and never realised THEIR mistake.
I also believe that back in 2004 when I first applied for Tax Credits that the rules were different. I have found conflicting info on their online help forms also:
Form WTC5 'Help with the costs of childcare' states that "you will not be eligible for help from the WTC childcare element if they childcare is provided by a relative of a child caring for that child in the child's home, even if the relative is registered".
Form TC600 Notes 'Getting your tax credits claim form right' states that "you will not usually get help with the cost of childcare if your child is cared for by a relative, please phone helpline'.
I worry also that if I try to fight this that HMRC will look at my previous claims from 2004 and try to chase me for this as well!
I have clearly told the truth to HMRC from my first ever claim back in 2004 when it was clear that my mum (who was a NI registered childminder) was looking after my son in his/her own home and this is an oversight on their part that they did not assess my form properly all those years ago.
I have always advised HMRC of any changes to my details over the years. I am an honest person!
I will be so grateful if someone can give me help on this and advise if I have any chance of fighting my case with HMRC.
I would also point out that I think it is ridiculous that grandparents cannot look after their grandchildren in their own home and get help for this. Did HMRC expect me, as a young single mother, to move out of my parents home and take my son away from the only carer he has known because their system is flawed?!!
Thanks for your help on this.
Regards
K.Gibson
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tax credit overpayment
