antone
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Everything posted by antone
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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.
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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.
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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.
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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.
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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
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LCS this morning demanding £10,303 on behalf of HMRC.
antone replied to Richard6of6's topic in Benefits and HMRC
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 -
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.
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potential backpayments of underpaid ESA - questions
antone replied to worried33's topic in Benefits and HMRC
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. -
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.
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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.
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This is also worth a shot.
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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.
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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.
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HMRC Tax credits compliance letter partner
antone replied to Legallyscared's topic in Benefits and HMRC
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. -
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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I was never a Decision Maker (all new Self Employed claims are referred up to the DM) but I can take a guess at how the decision was made: take total annual profit from tax return, divide by 52, there's your weekly income. Anyhow, as Bazooka Boo says, she can make a Subject Access Request for this information, and she can also request a written statement of reasons. What she should not do, though, is allow the time for requesting a Mandatory Reconsideration to expire while waiting for the results of any SAR/request for SoR.
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Yes, sorry about the mistake. You should tell them ASAP. If you're worried about it, bear in mind that the sooner they find out the better for you. You'll have less stress about the situation and any overpayment will be minimised.
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Sorry, disregard that last part of my post. As far as I can see from the DMG it is only arrears of benefit that are disregarded. So if your savings have gone over £6000 you would need to declare this and deprivation could be an issue if you spend the money with the intention of getting yourself under the limit. One other thing we need to be clear about: deprivation is not fraud or any other sort of crime. It's just something that affects entitlement.
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Yes, sorry - my last sentence wasn't very clear. They are two separate ideas. PIP is not means tested and does not take capital into account. So you can have any amount of capital, from any source, and do whatever you want with it and your PIP payments will not be affected. Now for ESA, that's where deprivation comes into play, assuming your ESA is Income Related. If the money you have saved is from benefits (of any type) then the DWP will ignore it for 52 weeks after it is paid to you. In other words, they won't start reducing your benefit payments based on it until you've had it for a year. Edit: This part is not correct: see my post below.
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Kind of. I mean, obviously they can't stop you spending your own money as you see fit, but there is potentially an issue of Deprivation of Capital to consider. Basically, a claimant has deprived themselves of capital if they knowingly spend money on non-essential items with the intention of securing or increasing benefit entitlement. If the DWP decides that this applies, they will treat you as if you still have the money when working out your payments. Each case is treated on its merits, so it's not possible to give a comprehensive list of what is or isn't acceptable. Generally speaking repairs or replacements for old cars, furniture or household repairs would be OK. Paying off overdue debt is also OK, but probably not paying debt off early. Deprivation is a consideration for ESA only, PIP is not affected by capital at all. If the capital is a result of benefit payments being saved, it can be disregarded for 52 weeks.
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selling old clothes on ebay: : change in income?
antone replied to katrina123's topic in Benefits and HMRC
DMG is the Decision Makers Guide. It's a set of reference manuals used by benefit staff when deciding who can get benefit and how the amount is worked out. As far as I can recall, gambling winnings would be classed as capital (in effect, savings) when calculating benefits. -
Sorry, missed this one. The answer is that as things stand, an ESA50 would not make it a new claim and so UC would not be an issue. My only slight concern is that the rules for the UC rollout keep changing, so I wouldn't like to say for sure that things will not have changed a year down the line. But for now, the WCA process does not count as ending the claim.
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You said she will be over the £6000 threshold by £4750 or thereabouts. So we divide £4750 by 250 to get £19. This is the weekly amount that would be deducted, so per fortnight it would be £38 from her £370.80, leaving £332.80. Your other questions: UC rollout is, well, confusing. Actually, it's a farce. But in general, you would not be expected to claim it unless entitlement to the other benefit (such as ESA) actually ends. The lump sum won't end ESA entitlement, so I don't think UC will be an issue. As long as she maintains some entitlement to income related ESA, HB will not be reduced. Council Tax Reduction will probably not be affected either but each council makes its own rules on that. Trickier to answer. There are no hard and fast rules for deprivation - each case is treated on its merits. So we can't say for sure what will be treated as reasonable. Paying off debts that are due would certainly be OK, but paying off debts early, perhaps not. Household repairs, yes, adaptions for a disability would almost certainly be OK too. Replacing an old wreck of a car would be fine, buying a brand new BMW - maybe not. It all comes down to what a Decision Maker sees as reasonable in the circumstances.
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New thread started. I agree with reallymadwoman: Carers Allowance is deducted from Income Support, but a carer premium us added.
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Yes, it is true. You can continue to receive Child Tax Credits for a young person who is in full time non-advanced education until the day before that young person's 20th birthday. After that, payments will stop.
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