How likely I am to get disability element on top of my working tax credits, based on the tax office guide lines, I think I would be entitled to the disability element, but dont know what the tax office would think

I work 16+ hours per week

Due to my health, I am unable to work, 5 days per week, or any long shifts now, so I only work 4 days ,and 6.5 hrs

I have a secure job, in asda, so for me to find a new job, I think I would have some difficulty in doing so

My health is poor, due to slow heart rate, high cholestral, and angina, easily get tired, and exhuasted. Have been in and out of hostipal getting tests done for last 2 years

Because of my health I have had to take time of sick, and the way my days of sick work, does not allow me to get ssp, as it is my day off

Since my health has got poorer, my earnings have been vastly reduced; 2008-2009, £12,600; 2009-2010, £9500, so my gross earning are less than the year before

If I didnt get disability element then I would have to work more hours just to meet outgoings, but in doing so, I may very well make my self more ill, as I realy need to rest

To get the severe disability element of £1,075, you must be in receipt of the Highest Rate Care Component of Disability Living Allowance, or the Higher Rate of Attendance Allowance.

To get the the disability element of £2530.00, you would have to be:

working more than 16 hours per week and

have a disability that puts you at disadvantage of getting a job and

either:

a) be in receipt of a qualifying benefit

or

b) have recently received a qualifying benefit

factsheet is here and some info also here

please see my post at top of this forum.oldhag2010

when making my claim for tax credits, what am I allowed to claim as expences and deduct them from my earnings,

Not sure, as the leaflet is not that clear, so can I claim these as expences

Clothing for work: shoes, trousers

Under the bit about pensions do the contributations towards my asda pension count as expences

Hoping someone here can tell me how much council tax benefit I will get, as I am intending to appply for council tax year 2012-2013, as income has dropped dramaticly, council tax payments are becoming a burden to me, knowing there council tax benefit, and I need to claim it

My general wages are now around £575 - £675, but with debs and mortgage at the end of the day dont have alot left, and currently struggling to survive, dont want to work any more hours than I need to...in poor health

Wage £600

WTC £300

Motgage £210, need to keep in mind rates might go up

DAS £200, 2013 going to increase payments

Insurance, Scot power, Virgin, gym around £200

Tax credits used for grocieries

You can't claim now for a future tax year; you can only claim for the current tax year. It's not possible to say how much you would get without having an idea of how much your council tax bill is or whether your income figures are weekly or monthly. Your outgoings are not relevant for council tax benefit purposes; benefits consider income, not your expenses.

If you visit your local authoritie's website they may have a calculation tool. If not, you can do a full benefits check here

What the tax credit office position on someone declaring them self bankrupt, do I still need to repay the overpayment, and seeing I have already £14,000 in debt, another £4000 onto my debt isnt helping me

Having returned from holiday, I find my tax credits award, telling me I been overpaid by around £4000, and there reclaiming this back

The overpayment seems to be on my Disability Element which they have removed, I phoned them today to try to get them to fix this, but the girl on the other end, wasn't any help, her reply about the Disability Element of tax credit, you have to be receiving DLA t get this element....Not true

Now I think I know how this all happened, and where it went wrong, I happened to misplaced my renewal pack, so I phoned them, and gave them my earnings for 2011-12, and asked there questions, which included...Do you get DLA, to which I replied....NO, I think at this point this is when my Disabilty Element of my tax credits was stopped

Now I think the tax credit office is at fault, so there fore I shouldn't need to repay this overpayment, if they tell me otherwise, I would like them to explain how I'm at fault, and how would they do this

At the moment Im drafting my appeal, and once done will post it here, to see what more could be added

My original claim was made back in 2010, and I summited a 10 page document, pointing out each of the 3 requirement, and how i meet them, and my claim was paid based on this, if my claim wasnt valid, then no payment should have been made

Now because of this I'm losing around £300 per month in tax credit, which I will have to make up, but doing these extras hours might make me feel unwell, exhaustion, feeling more tired than usual, and if I have to take time of sick, I could lose my job. This would also mean losing my flat which is mortgage, as I could meet the payment, so in the end, I would have to declare my self bankrupt

Other option, go and see my debt adviser, and push for bankrupts now

This info is from HMRC website;

Extra payments if you have a disability

To qualify for the disability element, you have to meet all of these conditions:

you must be working for 16 hours or more a week

you must have a disability that makes it difficult for you to get a job

you must be receiving, or have recently received, a qualifying sickness or disability-related benefit - or in certain circumstances National Insurance credits

If you're not sure if you qualify, you can:

check the 'Disability Helpsheet' by following the link below - this explains all the conditions you need to meet to qualify for the disability element

call the Tax Credit Helpline

Download the 'Disability Helpsheet' (PDF 151K)

Contact details for the Tax Credit Helpline

This info is from HMRC website;

 

Extra payments if you have a disability

To qualify for the disability element, you have to meet all of these conditions:

you must be working for 16 hours or more a week

you must have a disability that makes it difficult for you to get a job

you must be receiving, or have recently received, a qualifying sickness or disability-related benefit -

As you can see from my original post, my original claim back in 2010, I sent them a 10 page document, and I went through each of the requirements, for me to get disability element, now as far as Im concerned I done everyhing I need to tell them, and its up to them to make a decision on wether I get paid the disability element of tax credits

If this has now changed, I woulkd like to know for what reason, and why wasnt I told back in April 2011, this would have avoided any overpayment

Now my main question, if my appeal goes agaisnt me, how do I stand if I declare my self bankrupt, I will need to do something, if im to have money to live on, so either I work an extra 40 hr per week, and hope it dosnt affect my health, or go apply to be made bankrupt, based on having debts of around £14,000

Info re tax credit overpayment and bankruptcy:-

TCM0224040 - Payment - overpayments (A-C): Overpayments - bankrupt or sequestrated customers (Info)

There is an Action Guide for this subject, select ‘Next Page’ to access it

In England, Wales and Northern Ireland, when a person can’t pay their debts, they may be made bankrupt. In Scotland, the same procedure is known as sequestration.

Note: The term bankruptcy will be used from this point onwards, but will also refer to sequestration for customers who live in Scotland.

A customer may notify you that they’ve been declared bankrupt or you may receive correspondence about this from the Official Receiver or an Insolvency Practitioner (England, Wales or Northern Ireland) or an Accountant in Bankruptcy (Scotland).

In all cases, any tax credits overpayment will continue to be recovered until the customer has been discharged from bankruptcy. The customer will then need to provide a copy of the discharge notice before we can remit the outstanding balance of the overpayment.

Note: A bankruptcy order normally lasts for one year and a sequestration order for three years.

If the customer is a member of a joint household then, if only one customer has been declared bankrupt, the tax credits overpayment will continue to be recovered from the other customer. This is because both members of the household are jointly and severally liable for the overpayment.

If a customer notifies you that they’ve been made bankrupt but they also dispute or require an explanation of the overpayment, you must deal with the dispute or explanation first and then return to this guidance.

If there’s been a household breakdown on the award or no continuing entitlement, then Debt Management and Banking (DMB) will have been made aware of any customers that have been made bankrupt and will be in direct contact with them.

You may receive other correspondence in connection with a customer’s bankruptcy from various bodies - for example, County Courts, Liquidators, and so on. Unless the correspondence you receive is specifically notifying you that a customer has been made bankrupt or has been issued with a discharge notice, you won’t need to take any further action on the correspondence.

If a customer states that the reduction in their tax credits payments is causing them hardship, follow the guidance in TCM0216120.

Well thats me sent my appeal in, and honestly I dont see any reason why they should rule against me, if everything is sorted, I will be a happy person,

But if it goes against me, have already decided to take this to the tribunal, as I will be fincialy worse of, and my wellbeing it being put at risk

Appealing for Final Tax Credits decisions 11 July 2012

Appealing for Tax Credits Award 12 July 2012

I am appealing against the decision of my tax credits award, and overpayment for 6 April 2011 5 April 2012, which I believe are both tied together

I phoned today 21 July, and spoke to an advisor; I wasn’t getting anyway, and had to hang up as I was in tears,

When I went to make my renewal, unfortunate, I had misplaced my renewal form, so I had to phone and give you my earnings for 2011-2012; In hind site, I would have rather a new form was sent out, and this might have avoided any mistakes

I think the mistake has been in communication with the tax advisor, and namely my disability, she had asked me if I received any of the following disability benefits, DLA to which I replied No, now over the phone its hard to explain something like this

But at the time of my original claim back in 2010, I seem to meet all 3 requirements for disability element, and claim was passed, at present time nothing has changed, only slight change, I still take time of work sick, but this has vastly been reduced, due to me taking proper rest, and exercise, and diet

My original claim for disability element was as follows, and in my original claim I went fully into this, sending you a 10 page document with contact details

Yes I work more than 16 hours a week

Yes, I have a disability that meets one of the descriptions in table 1:

I can not normally work an eight-hour working day due to a medical condition; I have a slow heart rate, and easily get tired and exhausted, developed angina due to high cholesterol, and was getting chest pains

Currently 2012, I have a problem with my right leg, muscular pain, numbness, and pins and needles which I am seeing my doctor about, the pain has been on going for more than 12 months, and further investigations, are waiting to be done, and this is to be done in the next few weeks,

Was I able to satisfy one of the qualifying benefit conditions in 2010?

Well if I could get SSP through my work, I would met this condition, but due to the days my contract work, I am never of for 4 working days, so don’t get SSP because of this, and made this very clear in my original claim and I don’t like taking to much time of work, and must pay my bills, my claim must have gone through on these grounds

My disability going to last for me for the rest of my life, my general health is like to affect me more as I get older. Prior to my disability, and change in health, my earnings are now 20% less than before

Depending on your decision, on whether I get Disability Element, as it could have serious consequences for me.

If the appeal goes against me, I will need to speak to my manager, as if I start to work extra 15 hours per week, to meet commitments, like mortgage, debt plan, council tax, and if I feel unwell, I will have to take time of work, as sick. My health comes before my work, so I will have to discuss any disciplinary action that will happen if my absentee percentage goes up; currently it is at 0%

Now if I am of sick for a number of days, eventually my work absentee percentage, will increase, and previously 2009/10 I have been counselled by my manager, and warned, the next time I take time of work, would be disciplined

Now if I end up being disciplined, and through this, I could lose my job, and wouldn’t be able to pay my debt plan program, £200 per month towards debts of £16,000 which might mean, I am forced to declare my self bankrupt. There also is my mortgage at £200 month, would be able to pay this either, so my flat would be reposed by the mortgage firm, and I would have to look for council accommodation

Now if I lose my job, I don’t think I will find another job, as employers might not be willing to employ me due to my health problems, and even if I do get employment, its very likely with in 12 week period, I take time of work, and if this is a probationer period, I might not be kept on for taking so much time of sick.

I enjoy my work in Asda, have a very good manager, who works round my contract, to allow me plenty of rest, and time to exercise, and over the last 2 years, I have made slight improvements, so far I have lost 2 stones in weight, I still feel exhausted and tired, but not as much in 2009, when it was really serve

On the odd occasion, I have worked longer hours, just to see how I could cope, and by the end of the month I found my self really exhausted, in general the tiredness and exhaustion seems to build up over a couple of weeks, sometimes in a 7 hours shift, half way through my shift, I feel fatigue, and because of my tax credits, and knowing I’m of the next day, will to work through this, as then I don’t need to ask to go home sick.. But doing this I do find it very stress full, so losing my disability element isn’t going to help me, and disability element allows me to work less hours, and exercise

My contract of 31 hours gives me around £710 month, and most of this is taken up by expenditure, which has to be met, and with a loss of around £300 in tax credits, this has left me severely worse of, even to a point I might not have any money to buy groceries, and if my electrical and gas bill is high this winter, might not be able to pay this at all

A lot of what I have put down here today in writing was also summated to you in my original claim, back in 2010

Now if the appeal goes against me, I would like you to explain, how I was responsible for any errors, and how they could have been avoided, and quite honestly I don’t think I could have told you anything.

I would ask you to reinstate the disability element, and remove the overpayment, taking to consideration I have a lot to lose

How long does a appeal take, sent my letter out on 25 July, so I phone the tax credits line to see where its at, they have no log of this letter, which annoys me, maybe I should have sent it recorded delivery

The girl will send me a appeal form, but has told me also incude a copy of my original letter, as the 30 days to appeal will be up this week

How long do the tax credit people take to deal with appeals, getting beyond a joke, are they really that busy with appeals

Posted my first letter of appeal, on 24 July, which I find they have no log of it on there systems, so now I post a second letter, plus appeal form on 9 Aug, but sent this one recorded delivery

I am in financial hardship at the moment, for the last 8 weeks, I have only been getting £14 per week, instead of £80, and once I get paid my wages usualy round £600, thats quickly gobbled up by council tax, mortgage, and debts

Are they suppose to suspend and overpayment while an appeal going on

Can anyone help

I just phoned them today, to see where there at, no records of appeal, told the person, well my letter was sent by recorded delivery

The advisor kind of gave me a reason, my letter is likely to still be in the sorting office

To me this is a complete shambles,

I need to get in contact urgently with the tax credits office, dont want to do this over the phone, as its complicated, and it is regarding my reduction in tax credits, and the on going appeal

I originaly appeal against the decission on 14 july, and havent heard anything back yet, been told in the letter, not to contact them until 24 Dec...24 Dec are they joking, they want me top phone them on the 24 Dec, to enquire about my appeal, surely they will be busy, as ever

I am struggling with finances becasue of this, but trying to meet debt and mortgage payment, and even last month paid my scot power bill £225, and virgin media £120, tied into a 16 mth contract with virgin, but they will only talk to me at later date

But now the council are pressing for what I owe them which under the summary warrant they want the full amount £455, and arrestment of wages has been threatened to me

Now I have made the council fully aware of my situation, but they dont seem to be listening, even today, I have sent them a letter stating, if my wages are arrested, then I may have no option but to seek bankruptcy, and may ask them at some time top provide me with accomodation

And health wise, I not that great either, should be getting to the gym at least 3-5 days per week, but unable to do so at the moment

So I realy need to ge tin contact with the tax credit office, and if this is by letter, my letter need to be read right away, not left in the post bag for 3 weeks, as was happened with my appeal letter, it took 3 weeks to be sorted

Is there an alternativer address, or a more senior person I can write to

Have been notified, I have lost my appeal, for the decission on my disability element of tax credits

Can take this to the tribunal court, which I intend to do, but I need my documention as evidence

I now want to obtain all my documention from them, so I can prove my case, so how exactly do I go about this, do I just request them in a written letter, or is there more to it, do Ineed to quote some act of parliment

In early 2010, I made a new claim for tax credit, and the disability element, read the fact sheet, and made a 10 page document, detaling how I meet the qualifying conditions, so roughly as follows

Do You work more than 16 hours per week

Yes, I have contract of 31 hours per week

Do you have a disability

Yes, I have a slow heart rate, with symptoms of exhaustion, fatigue, black-outs, breathlessness

Do you have a qualifying benefit, the qualifying benefit would be SSP or CSP, plus

My earnings are now 20% less before all this began

and

My disability is going to last me for the rest of my life

and

Over the last 2 years, I have taken a number of days of sick, due to ill health, but because I dont like taking time of work, I return to work as soon as possible, and this usualy means the next day, and the way my days were contracted, SSP is not paid for the first 3 contract days of my shifts, meaning I would have to be of for at least 6 days at least: So I have never received SSP

I went into other details about my self, and my health, now I believe I have a very strong case against them, and my main argument will be, I supplied them with all aspect and information they need to make a decission, and they awarded me disability element in 2010, but now in 2012, there telling me, Im not entiltled to anything

I'm trying to get copies of my documents, typed on A4 paper which I sent to the tax credit office back in 2010, which was part of my evidence of my claim for disability element of the working tax credits

I have already written to them, and requested them on the 9 Nov, but nothing has been sent, and with renewals come up, there going to be busy soon. Now I believe this will prove I provided the tax credit people with, fill information on why I was claiming DE of WTC, and from this they approved the claim

I also want any paper work which was used to approve my claim, and for what reason it was put through, Im not looking for the award notice

I believe when my original claim was made in 2010, they have made the error not my self, which now has only come to light, when it was reviewed under appeal. and was told I have no entitlement to DE, as I have no claim to wards any benefits

So how do I go about requesting copies of all documents, which I believe will form part of my case at the tribunal court hearing, I would like these as soon as possible, as would like to consult my legal advisor, there is also the consultant at the hospital Im seeing sometime in the next few months

I have a catch 22 problem, because my DE of working tax credits is on appeal/tribunal court, Im not getting my full amount, but if I was I would be getting £85 per week, insted of getting £19 per week

If I was getting the full amount of £85 per week, I wouldnt need to work extra hours every week, to supplement my earnings

So because I now only get £19 per week, and have to make up for the loss in earnings by working what ever hours I can get, this will affect my final wage for year ending April 2013

Currently I have earned around £11,000, compared to £8950 if I was paid my DE of working tax credits

So when I comes to my renewal, am I with in my rights to declare my earning as £8950, based on the fact that, this would be my income for the year, if DE of tax Credits was paid

There is a big difference in what my award will be from April 2013, if I declare £11,000, then my weekly tax credits will be £16 per week, but if I declare income of £8950, then my tax credits will be £32, so as you can see thats a big difference

And if I continue to work extra hours for April 2013/14 my possibe income for this tax year will be £16,000, which will wipe out my tax credits from April 2014

So with my appeal/tribunal court hearing ongoing do I have grounds to declare the lesser amount of income, on the grounds if my tax credits were paid as normal, this would have been what I would have earned

And for the record these extra hours exhaust me, and leave me fatigued

Hello there.

Having checked with the site team, I think a subject access request SAR is the way to go. If you click on the link behind SAR, there is a template.

My best, HB

Hello there.

 

Having checked with the site team, I think a subject access request SAR is the way to go. If you click on the link behind SAR, there is a template.

 

My best, HB

So just to clarify, do I send the subject access request to the tax credit office, and would it be the address in preston

It ok, I found the Subject access request on the hmrc web site

You need to declare your actual earnings.

They run scans and would find a discrepancy they would write to you and ask if you agree and readjust your award and may impose a penalty too for a fraudulent declaration.

If they do decide on the disability element and your are then entitled to receive it they will re-adjust your award at that later date.

Please let us know if you receive the information requested.

They have 40 calendar days to comply and you need to enclose £10.00 which is the statutory fee for the request.

Please let us know if you receive the information requested.

 

They have 40 calendar days to comply and you need to enclose £10.00 which is the statutory fee for the request.

I starting to detail my letter, on what I want back, and once my letter has been sont of, will mark it here sent, and see if it confirms to the 40 calender days to comply

I hoping when I get everything back, I can prove they have made the error

That sounds like a good plan

I have used hmrc online form to request sar, but nothing here about £10, so will leave this for time being, but have asked them to at least confirm everything is ok, and proceeding, if not request will be made by letter, and with payment

Kind of skint, so dont have £10 to spare, but next wage is 3 weeks away, if they reply to my online request, I be happy, if not, then when I get paid, of gos my sar letter request