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dune
Rank; Hector Tax Inspector
15 Posts |
Posted - 03/03/2008 : 19:31:05
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Missfroy. I agree with what you have said now I have been able to determine the reason for overpayment.
This is the point of my arguement. In the guidelines it does not say anywhere that you need to be in reciept of the HCC. I am quoting from the document now. 'To meet this test you must be receiving one of the following benefits, DLA, AA, Industural Injuries, War Disablement, A vehicle under the Invalid Scheme. I have a many documents from DWP that state I get the HIgher Rate of DLA. I therefore suggest that the TCO have made a big boo boo buy not correcting thier documents to show the difference between the two. I as a lay person when it comes to these rules I need a better guide. I can only follow what has been printed as a guide to me filling in the form. I accept the mistake but I have followed what they have asked, no more no less.
Thanks for your advice on this matter I shall be posting more as I find out more! |
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missfroy2
Rank; Captain Gordon
250 Posts |
 Posted - 04/03/2008 : 11:41:06
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Dune
I am not sure that I made my previous post clearm I will try explaining again.
The part you have quoted in your last post is correct. To get the disability element you need only be in receipt of DLA. Any DLA will suffice. That is why it does not state HCC.
It is the SEVERE DISABILITY ELEMENT which is related to HCC. They are two separate elements. HMRC think they have overpaid you the severe disability element.
If you go back to the claim form notes and follow this through:
1. Look at question 1.11. This is about the disability element. To get this element it states you have to meet the qualifying benefit test.
2. The qualifying benefit test is described at the back of the notes (should give you the page ref - depends which year you have). That is the quote you have given. It states any level of DLA.
3. If you meet all of these presumably you will have ticked box 1.11 of the form. Your award notice will then say something like 'you qualify for a disability element'
4. Now look at question 1.12. This is about the severe disability element and says Disability Living Allowance (Highest Care Component). If you get DLA HCC then you tick box 1.12. Many people ticked this box when they were actually getting DLA higher rate mobility. The award notice should say something like 'you receive the highest care component of DLA'.
From what you have said HMRC seem to be saying they have overpaid you the SEVERE DISABILITY ELEMENT, that is why my other post said that the quote you gave may not be relevant.
My suggestion would be to find out:
(a) Did you tick box 1.12? - you should be able to find out from a SARN request of the original claim form.
(b) If you did not, then obviously there is an error at HMRC's end. You then need to check the award notices - under your name it should say disability element or HCC. What do they say?
There is no doubt that this is very complex. But if HMRC are alleging an overpayment of the severe disability element, you need to refer to question 1.12 and not 1.11 as you have quoted above. I truly believe that this has caused claimants a lot of problems, but I hope that this might help you on the right track to look for new evidence and eventually get it written off.
Also - you say you get the HIgher level of DLA - is that DLA higher rate mobility or DLA higher rate care component? Obviously if you do get DLA HCC then there is no overpayment.
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dune
Rank; Hector Tax Inspector
15 Posts |
Posted - 04/03/2008 : 20:15:19
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I get the Higher Mobility and Lower CC. I do get what you are saying but my arguement is that I sign to say that I have filled in the form to the best of my knowlegde. I have tried to follow the forms and confirmed with the advisors on the end of the phone, who have said I ghave done the right thing. This is all part of the arguement, I have taken advise from the TCO and from the guidance notes. I shouldnt have to be an expert to fill one of the forms in.
Its not just that either. The letter I got via my MP is full of mistakes anyways. ie. My over-payment for year 2003- 04 has been written off but they then state that some money from a later year has been used to pay the over payment for the year 03 - 04! They quote my earnings as x amount one year. I move house and tell them and they still continue to send to my old address. So they decide to carry on paying me but base it on a figure less than than they aready knew I earned! Its like this all the way through.
I appreciate your help but its only since Ive been reading up on the matter further that I realsie that I miss read the forms over the severe tick box. But (not wanting to blow my own trumpet) I am a highly educated man and if I got it wrong because of the way the form and guidance is set out what hope have others? Its ok for the TCO they have training, they know the ins and outs... I am a lay person when it comes to benefits..
As for the documents requested under the data protection act. I know that only some of them where sent to me. I have recieved others through my MP. |
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Ali M-W
Da Tech(y ones)
3413 Posts |
Posted - 06/03/2008 : 07:32:47
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quote:
Originally posted by dune
I get the Higher Mobility and Lower CC. I do get what you are saying but my arguement is that I sign to say that I have filled in the form to the best of my knowlegde. I have tried to follow the forms and confirmed with the advisors on the end of the phone, who have said I ghave done the right thing. This is all part of the arguement, I have taken advise from the TCO and from the guidance notes. I shouldnt have to be an expert to fill one of the forms in.
Quite right - especially as your dispute will have the 'reasonable belief' test applied to it. An advisor telling you something is a good grounds for belief that what they are telling you is correct. You shouldn't have to be an expert - they are the supposed experts!
quote:
Originally posted by dune
Its not just that either. The letter I got via my MP is full of mistakes anyways. ie. My over-payment for year 2003- 04 has been written off but they then state that some money from a later year has been used to pay the over payment for the year 03 - 04! They quote my earnings as x amount one year. I move house and tell them and they still continue to send to my old address. So they decide to carry on paying me but base it on a figure less than than they aready knew I earned! Its like this all the way through.
All these mistakes by HMRC should count in your favour. Should.
quote:
Originally posted by dune
As for the documents requested under the data protection act. I know that only some of them where sent to me. I have recieved others through my MP.
Insist you get these, no matter what. I have heard of so many people beingn threatened with court before HMRC has even supplied them all their documentation! They want to shut down all hope of your having the evidence you need to ensure that you repay no matter what! Don't be bullied by them if this happens, but get your MP to step in.
Morpheus: The Matrix is everywhere. It is…the world that has been pulled over your eyes to blind you from the truth.
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Disabled problems / Overpayment
