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antone last won the day on January 8 2017

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  1. Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
  2. Borrowed money is not income, so it would not affect her Pension Credit. It would be best if she could show (bank statements or whatever) where the money came from just in case there is ever a compliance check on her claim, but she should not lose any PC because of this.
  3. Money that you have borrowed is not income, but if there are large payments going into and out of your accounts you would be best to provide documentation to prove where the money came from.
  4. I agree with renegadeimp. Tax Credits is not particularly "trigger happy" when it comes to prosecution, so she'll probably be OK there. Probably. But she needs to get in touch and tell them exactly what's happening, and she needs to make sure she doesn't do this sort of thing again.
  5. While we were all watching the Brexit farce: State Pension Credit will no longer be available to claimants whose partner is under state pension age
  6. I couldn't get the link to COP26 above to work. It may just be my computer/browser, but just in case, here's the one that works for me: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/695915/COP26_03_18.pdf
  7. antone

    VAT Return issues

    The most common cause of the error you reported is that you have more than one gateway account. Definitely check this with the VAT helpline.
  8. 1) Your entitlement to any disability premiums is based on the start date of your entitlement to DLA/PIP, and not the date you were actually paid those benefits. 2) Premiums are payable if you receive even 1p of ESA(IR) or, crucially, you have an underlying entitlement to it. What this means is that if you would qualify for ESA(IR) but don't actually receive it because your ESA© has taken precedence, you can still be considered for premiums.
  9. If her annual income will be less than about £16,000 then it will not affect her Child Tax Credits at all. So she should see no difference in CTC. She may be entitled to some Working Tax Credit as well.
  10. Agreed - it won't make any difference to your ESA, but if you're unsure whether or not to report a change, just report it. If you don't like to speak on the phone, just send a letter.
  11. A) No they can't legally do that, and it's massively improbable that they are doing that. Why on earth would they? What would it possibly achieve? But in any case, they have to tell the claimant why they have denied a claim. That they must do so truthfully is, I imagine, so obvious that no-one really feels the need to state it explicitly. The CAB adviser is way off the mark here. B) Yes, she can win at Tribunal. She has a reasonable case. I'm not saying she will definitely win, but this is certainly worth pursuing. C) Sorry, I 'm not sure of the answer to that. D) Tribunal dates are set by HM Courts and Tribunals Service, not the DWP. If she's looking for an earlier date that's who she'd need to speak to. I wouldn't give her much chance of getting an earlier date, but it doesn't hurt to ask, I suppose.
  12. OK, I don't know anything about DROs and so on, but UC (when paid on grounds of limited capability for work) and ESA are not "disability" benefits in the commonly understood sense. They are "income replacement" benefits. Some benefits, such as PIP or DLA are paid to assist with the extra costs of disability. This is why the decision to award them (or not) is based on an assessment of the claimants care or mobility needs. UC and ESA are intended to cover the costs of daily living: food, bills etc - costs that everyone has to deal with. This is presumably what your OR is thinking of.
  13. I do not wish to reveal details about another poster, but I can assure you that tomtom knows what they are talking about. I don't mind revealing my own credentials: I work for HMRC and spend some of my time dealing with Tax Credits (the rest of my time I deal with taxes). I do not speak as a representative of HMRC and I have no inside information about your case but: you are not going to be prosecuted. Stop panicking. Make your SAR - the Compliance officer dealing with your case will not even know you have done so.
  14. Has your sister requested mandatory reconsideration of this decision? If she has and the result of the MR was not in her favour, has she proceeded to appeal to the Tribunal?
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