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susi72

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  1. It is different for everyone Caly. With some it is only a small portion of time, others they want to go back. But as I said and I cannot stress this enough to you - how you act and behave towards them can be the deciding factor. Get any information you think you might need and answer the questions they put to you. That's all you have to do. Give honest and truthful answers to what is aked of you.
  2. Caly it doesn't have to destroy you, ony will if you let it. Just co-operate with the questions they ask and answer as honestly as possible. If you do this they will treat you more favourably than if you cover something up. When they decide what action they will take, they will likely set up a repayment arrangement. It is still proceeding by non civil routes for these cases, only cases where the claimants have been difficult or evasive are prosecutions or high value cases. You need to start planning a budget so that when your tax credits are changed you can adapt as best as possible, the CAB can help you to do this. Thousands of people have been and are currently in this situation. If you speak to the majority who have overpayments on forums (because no-one admits it in real life) they will tell you that being caught turned out to be the best thing because the weight and burden was lifted. Although they had less money, they were glad to finally have things out in the open. I am sure once your case is dealt with, you will be the same, whatever outcome.
  3. It may be that his mother pays full council tax, but they know who lives at that address. Your partner won't likely be on the electoral roll at his parents for all the years involved and this is one of the main points of a Compliance investigation's evidence. I would be as honest as possible because the following : - he went back to his mums, he works away - are two of the most common statements made during fraud investigations by claimants during the initial stages or at IUC for an investigation into a single claim. The fact his parents or extended family have agreed to lie for you is perverting the course of justice. If this goes to down a non-civil route (which it will if you lie to them), then they will be involved. Don't forget, they don't just send these letters out randomly, these cases are picked up months, sometimes years before they attempt to give you a chance to confess. They have contacted you now because they believe they have enough evidence. It seems to have been missed on all the forums but it was agreed last week that there is going to be a minimum penalty - an on the spot fine for any benefit fraud and they are going to start moving away from the "non-civil" routes. This is due to the changes coming in with UC and to prevent benefit fraud. Considering the fines go up into the thousands, it will work. As mentioned, they have the power to go back many years. To be completely frank with you and to give you as honest an answer as possible; your planned response would ring bells for me due to it's similarity to other stories given and because the evidence they will have is that he paid the bills. To claim as a single person you must prove that you are not financially linked, which by him paying your bills you are. This is the reason the claims are all being stopped and people have these overpayments. Not because the partner was living with the claimant but because he was paying for them. A single person gets more precisely for this reason - they are supposed to be paying alone. You have all the utilities, TV license, insurances in his name. Then you add the childcare into it. I would get down to the CAB and discuss making savings and planning control of any debts you have, because you are going to need it.
  4. Yes you are right about the software part if the tax return for the partnership is being filed late. They won't accept a paper return, follow the instructions given by Gbarbm above. My husband is currently disputing this issue himself as he sent all three returns back recorded before the October deadline; they were logged as signed for on the e-pod system yet they lost the partnership one!! They filed the two remaining ones and ok'd them yet told him he had to complete yet another partnership return and pay for the software. He was issued late penalties which they told him he would have to appeal in writing. So they want him to first purchase software he has no training in which is designed for larger partnerships, fill the partnership return in. Then write again to appeal the penalties. He wrote a letter of complaint in which he is still awaiting the response to - they lost the first complaint even though again it was signed for!! If they do not find it and process it then the Ombudsman and MP will be the next route. It is a farce that a small business needs to purchase this software yet they can accept solo returns. I will let you know what happens with his complaint but honestly you couldn't even make it up, some of the letters we have had are really actually quite funny because they are sooooooo bad.
  5. Sorry. I am not sure if I have this right. So when the change was made regarding your income for your wife was this the £4400 and the joint notice came after this - the one you have issue wih the wording? If so then the only way to know where the error is would be to have the records of that call. The reason I mentioned before about a dispute being lost would be if they asked during the call something along the lines of "is that your total household income?" This is where I've seen things get sticky because the person said yes. Now that is where I would say you have margin for error from your side. To answer your question; i would never agree to any overpayment amount unless I was 100% satisfied that the reason could be explained to me. You can as the previous poster mentioned get the COP26 - but you may get away with a standard O/P dispute form - yes the timescales is out but you could state you are submitting this as have further info to give. This would be that you have only recently found out that they can listen to call records made and you believe this will exonerate you of blame. Another thing you could try is to mention the disregard that has been in place to prevent overpayments happenening - this was not in place during the period, but you could argue if the same happened now, you wouldn't have the overpayment you did. Worth a try.Also ask for suspension of recovery until a decision has been made to avoid any demands.
  6. The problem lies in when the change was actioned. Even if the income was incorrect but everything else was correct for example your hours, this could cause an overpayment. Now the thing to think about is; when you made the change increasing your income, they send out a revised tax credit award which has the income on it. You have to check this to ensure the figures are correct and if not contact the helpline to correct them. Now where most overpayment disputes get tricky is over these award notices and the income. If the claimant contacted the helpline to increase the income and the payments stayed the same, this is where a dispute could be lost. In many disputes, even when there has been an error with the income, a dispute can be lost because the claimants should have noticed the payments had not decreased in line with the change. If you continued to be paid the same or the payments did not drop as they should, then they could argue you should have seen this and reported it. I have seen many disputes lost because they state that the claimant should reasonably have expected the payments to be different. If you are updating your income especially after a new tax year, if you had given £4400 for your wife, what did you give for yourself? If a figure was not offered during the call, it is possible your income was nil. Can you remember giving your figures? And to answer your question it's a bit of both, faultwise if I have this right. It would be best to know if both incomes were updated during the call. These records can be pulled for a dispute.
  7. Hi, no a solictior would be a consideration and only if you are questioned - you may only be asked about the relevant years and not need one so a consideration for now. Yes I would appoint an accountant, as jadeybags said it is alot of work. My husband is self employed and he used to do his books himself but after a couple of years realised it was better to pay the fee and have it done properly because I wasn't doing it all for him - his receipts were in the thousands number-wise. To answer your question - yes and no. I left HMRC a few years back but was with them a very long time working in various departments - Enquiry Centres handling face to face enquiries and then onto tax credits for a while when they started closing the enquiry centres down. I can advise you the best I can that I think would be in your interest without breaking any rules but only you can decide what to do with the information given to you. My main point would be is that you are taking initiative now, don't hide from this or bury your head in the sand as it only makes things worse. Just try and get an accountant on board. If you need extra time, write a letter to the Officer dealing with your case and explain why you need an extension and supply whatever you can to see if they will allow the extra time. Just try and be as honest as you can, if you are seen to be co-operating and not being evasive it will look much, much better for you. And finally - good luck, ask any questions you want, if I can answer them I will try my best. And finally, put prison out of your mind - this for gravely serious cases. Don't be afraid to talk to them, explain you are frightened - trust me when i say this - although many people call them Nazis etc, at the end of the day they are human beings who go home to families themselves, I never ever treated anyone as if I was interrogating them. Just be honest and tell them you have made a mess and things have got on top of you. Come back to us if you are not treated fairly because you can complain if you feel your treatment is unjust.
  8. Bear in mind you cannot cancel your tax credit claim now they are investigating. The following advice I give not to scare you, but because you really need to understand the gravity of the situation you are now faced with:- If you don't reply to the letter then you will make a very bad situation extremely worse. I think you are very lucky they are only asking for the two tax years. However; the minute they check with Self Assesment (which they will) and see you have never registered or submitted tax returns AND you have mislead them about other things besides your income you will probably find they look into other years or at least start questioning you about them. They don't tend to do this unless the case is severe and this is. I think you are being very naive if a) you are considering not even replying and b) that the only penalty will be removal of your tax credits and the repayment of them and penalties. This will also be disclosed to other benefit offices like the council to ensure you have not mislead them either. I understand you are frightened, but this has gone on for a long time repeatedly and when you would have returned your renewal you must have continued to give false information - self employed (you were not because you had failed to register as the guidance states, income, childcare) Not only have you admittedly fraudulently claimed tax credits but you are by the sounds of your post possibly guilty of tax evasion if you have not paid any tax due back. Tax credits normally proceed down a non-civil route ie - not in court with prosecution. It is a completely different matter for Self Assesment and tax evasion, if you have had profit above the threshold that would have meant paying contributions or tax then this is tax evasion. The penalties involved for not returning your tax return are severe for someone who takes a year but 4? You must remember that although they can listen to you about personal problems and take certain things into account, they hear this all the time from people who have made mistakes and I think in your case the problem is how long this has gone on. It only takes looking at when you reported you were self employed to tax credits and one call to S/A to find out if you were claiming WTC all that time. If I was yourself I would firstly get serious professional help, and consider at some point possibly a solicitor, you will need one if called to interview (now this doesn't happen often in tax credits as they seek repayment primarily through a civil means, but as I said this is Self Assesment too). Start putting everything down as much as you can and co-operating with them as fully as you can. Non-compliance will bring in even more penalties. If I were you, I would consider admitting the four years if questioned. If you are questioned, they will ask for dates etc, the minute you start going back only two years you have covered something up and I believe in this case it will be discovered. Try and look at your post again - you admit you have been a fool and come clean but you admit also you don't want to be found out for the other two years. It is keeping the pattern of being evasive going. Please get serious help and advice - immediately.
  9. Hi Diva, no it is not as clear cut as that, the issue isn't completely black and white. With myself I receive DLA as am currently receiving kidney dialysis, but to qualify for the disability element of the working tax credit, if you were receiving ESA or the older IB or fit a criteira of questions they have then you meet the requirements, irrespective of whether you receive DLA or not. Here is a link to HMRC's website which includes a PDF explaining more about it. If you feel you have a disability but did not satisfy one of the tests in receiving one of the benefits then you would have to get evidence from your GP and relevant healthcare team and send this in to TCO for a decision to be made. http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/workingtaxcredit/disability.htm Hope this helps
  10. To qualify you must be in receipt of one of the qualifying benefits and be working at least 16 hours per week. Under UC the tax credits as we know it will cease to exist and the new system put in place, so it is not very clear what will replace it with regards to disabled workers. Although it is a terrific incentive for disabled people to get out and work, it is also seen as a reason to merely work 16 hours as was the case previously with joint claims. I am disabled and work full time but recieve this element. I am planning already for next year as if I will lose everything so if I get something at all it will be a bonus.
  11. I thought he said he sent them special delivery flumps?
  12. No problem Lis. Being honest and this is just IMHO; I think they would think you were mad to ask about previous years because they have only asked about a specific portion and if you admitted it then all the better. If you did ask about other years then they would be duty bound to investigate it opening your whole claim and most likely claims with other departments up, so that would mean the DWP, Housing Benefit, Council Tax Benefit etc. I think it's admirable you'd want to pay it back and they would too no doubt but only you can say if you really think it's a good idea. If you think it will definitely relieve you of some burden of guilt and make you feel better then go ahead. I would say offering to pay it though would sound very much like guilt to them though.
  13. Check the barcode from your receipt on Royal Mail's website - Track and Trace. It will tell you the date your passports and letter were signed for and you will be able to tell if they were received before the deadline.
  14. They won't allow you to over the helpline because if your single claim is being investigated, then the advisors on the helpline cannot touch those claims or make any ammendments, they will usually advise you that your claim is being dealt with by a 'Specialist Team'. Same with claims being dealt with by Complaints, Appeals teams etc. If you have left your details and still don't feel completely reassured, try again but not on a Monday. This is the busiest day for all benefits related departments. Try the number on your letter again perhaps on the Tuesday around 10-11 if possible or later. To be honest Kizzy, even had he not been there at the start of the year and you giving it a go, it would have been picked up in the checks because he still would have been financially linked before that, so try not to see you both trying again so recently as the causitive issue. This can only lead to resentment or problems between you, when it would have been looked at long before this to be selected for review.
  15. As far as I can tell at the moment Lis, when it comes to the compliance checks they are looking at the years stated usually but it seems to be when people become difficult during investigations for example trying to hide or deny stuff when HMRC or DWP have proof that they open up the previous years. It seems they want people to start claiming properly, so if there is a partner who contributes then he should be on the claim and so a joint claim is then made and any overpayment from the single one paid back. I do know though there is going to be a system brought in where investigators are checked to see how many prosecutions they have made through cases. They also want to increase the monies paid back but how it will pan out, i'm not exactly sure yet. Anything from April 2013 as far as I know will be dealing with fraud pertaining to the new systems being brought in but they will have the power to open up previous years. I do know they plan to get really, really tough next year, so it would not surprise me if they opened up previous years, but I do think this will be for people being investigated after April 2013. Those who have changed their claims to joint ones and are repaying overpayments already, I think they might be ok, I am only speculating though but i'd imagine this would be the case.
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