My wife is dead! (But not really)

[CSJ2K]

Hi.

This is my first post here. I came here originally to deal with a CCA request then spotted this forum.

After leaving a job, my wife's (now ex-wife but on good terms) previous employer mistakenly completed the p45 to reflect that she had died! I'm sure you can imagine the problems having the IR thinking you are dead can cause.
She took her employer to task over this and received financial compensation. For months she did not receive her tax credits which caused enormous financial difficulties for her. After months they started making clerical payments. The computer system works of course on logic so once someone is dead, they cannot be brought back to life. I dread to think what the other issues may be as a result of the IR having her recorded as deceased. We have complained and complained and also involved the local MP who unfortunately was no use whatsoever.

So, my wife is still dead which she finds really quite annoying.

Has anyone come across anything like this before? Any suggestions on what she can do? Can she seek compensation from IR for not righting the situation?

Thank you in advance.

[yourbank]

I feel a Mark Twain quote coming along, "News of my death has been greatly exaggerated!"

What have they advised with regards to being able to deal with her claim for benefits?
Can they set up another reference number to process a claim since the date of "death"?

[CSJ2K]

It has been suggested but if they did this, she would cease to exist as the entity/person/number she has been since her 16th birthday and become a new person. The full implications aren't clear at present but as an example her passport would be void and the biggest concern is things like pensions etc.

[yourbank]

I have to say I am baffled but surely they must have previous cases when this has occurred and a way in which they can make her "live" so to speak. Is this the case or have they simply said that when they record it down that way that there is no way of reversing it?

[CSJ2K]

Apparently, they have not come across this issue before. As the system is computerised, it works on logic so once it has been told someone is dead, that is the end of the matter. Ultimately this is down to the programmer but I'm sure there are many good security reasons why the computers are not able to revive someone.

[TideTurner]

You should put more research into the implications of this. BTW was she insured?

[yourbank]

That sounds incredible that at the click of a mouse someone can kill you off so to speak. Have they offered any solutions to rectify this?

[CSJ2K]

Originally Posted by TideTurner

You should put more research into the implications of this. BTW was she insured?

Yes she was/is insured and cashing in on the policy did cross my mind but I'm sure I couldn't get away with it lol.

[adamrao]

Best thing is to visit your local tax office with proof of ID (passport, driving licence etc) medical card, recent payslip or bank account statement and / or GP's letter. (GP can charge you for that letter upto £30).

[TideTurner]

So what have we got?

1. A walking corpse
2. Inability to obtain Tax Credits
3. Absence from Electoral Role
4. Inability to obtain credit / mortgage
5. Unable to gain employment due to non-existence
6. Unable to vote
7. Unable to have sex / purchase beer / cigarettes
8. Able to commit a felony without detection
9. Serious damage to credit history
10. Costs regarding additional letters explaining her position
11. An irreversable IR system which will continue to show her as dead

Any more for any more?

It will be interesting to see if anybody sends you mail regarding her "death" and attempting recovery of any monies from you. We know where that information came from...

Tide

[steven4064]

I don't know if you are a fan of Joseph Heller, but Doc Daneeka in "Catch 22" had this same problem. Unfortuenately, JH doesn't tell us how (or if) it ws resolved. Life imitating art.

However, last year the IR were taken to court by a company called Sempra Metals because, due to a mistake by IR, they had paid a large corporation tax bill too early. This had cost them a lot of money . It was a landmark case, because the House of Lords awarded them compound interest in restitution - this is the first time that had happened and constitutes a test case.

Now, IR have money belonging to your ex in Tax Credits she is entitled to. I would submit that she now has the same claim to compound interest in restitution as Sempra Metals had. It might be worth her writing to IR and reminding them of this case and that she intends to claim the same if and when she takes them to court. The full case reference is Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty's Commissioners of Inland Revenue and another (Appellants) HOUSE OF LORDS [2007] UKHL 34

On another tack, I'm sure the newspapers would be interested in this case - I'm sure thay would have fun with the headline It might make the IR take it more seriously too.

Tide has listed several things which also constitute a quanfitiable (at least in principle) financial loss. I would suggest that the the company that issued the incorrect P45 is probably liable for these losses.

[Bernie_the_Bolt]

This is a farce.

With my tongue firmly in my cheek all I can suggest is that as she is dead as far as the IR are concerned she can surely have no further liability for income tax, ever, as dead people cannot earn!

[emmaf01]

Sorry, no help, just subscribing.

I really want to see what happens with this one!

After all the Inland Revenue have far reaching powers- I want to see if resurrecting the dead is one of them!

(sorry, couldn't resist)

[loulou11]

This happened to my daughter in January this year. It came to light because she was going off to train as an air hostess and the security checks were being done.

Again her previous employer had actually ticked a box telling the IR she had died.

It caused horrendous problems and although my daughter initially thought it was hilarious, she soon realised it was going to be a huge problem. I on the other hand didn't see the funny side at the time.

It took my daughter and I weeks to get it sorted. We had to go to her employer and get them to rectify it, but that still wasn't good enough. In the end after hours of telephone calls to the IR and myself offering to take her to our GP to obtain proof she was in fact alive, it got sorted and she received a letter of apology from the employer.

On a more serious note, they have managed to bring my daughter back form the 'dead' so I cannot see how they can use the computer system as an excuse. I would try further up in the IR and also phone them repeatedly every day, several times a day. I also mentioned that I would go to the press if this was not rectified immediately. Maybe thats what finally pushed them into sorting it.

I know we shouldn't have to go tho those lengths to rectify things and certainly not threaten to use the press however the first few people we spoke to at the IR couldn't contain themselves from laughing, almost hysterically. Of course that may have had something to do with the way my daughter apporached it. You can imagine a 19 year old explaining she is not dead

Good luck with this. I can't offer any real advice but If they can bring my daughter back then can certainly bring your wife back too.

[jansus]

Have you tried putting the ball back in their court by asking for a copy of the evidence they have used to change their records. I know of of no other institution that would accept a tick in a box to remove a person from their records - every other institution requires at least a certified copy (not a photocopy) of a death certificate. And ask for a copy of their complaints proceedure.

[ErikaPNP]

I don't know how Ir systems work, and appreciate this is an old thread. However. Most government systems CAN revive a person if accidently input as deceased. Before someone is entered as deceased, verification of death is required such as a BD8, death certificate, coroners statment or police statement. They can't just "end" a person without verification as far as I am aware. Maybe in IR but if other government compputer systems can revive a person, I cannot see how IR can't.