Gbarbm
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Everything posted by Gbarbm
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Can I just confirm the following; 1) that the redundancy was in excess if £30k. 2) the payment was a "true" redundancy payment in that you were superfluous to requirements and/or the job no longer existed. 3) that the payment did not comprise any salary related payments such as transfer if company asset, holiday pay etc Any payments below £30k are not liable as long as you can answer yes/no to question 2 & 3 respectively. If the payment is more than £30k the excess is subjected to tax and NI It is your employers statutory obligation to deduct the tax/NI, remit it to HMRC and record it on a P45 You could appeal against the P800 assessment on the grounds that your employer should have made the deductions and their failure to do so is a breach of the PAYE regulations and s401 ITEPA 2003 (ITEPA = income tax, earnings and pension act) You can also throw in the delays by HMRC that you have experienced
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Holiday pay and on call allowance
Gbarbm replied to loz's topic in Employment and minimum wage problems
Well when you get the contract, come back here and we can go through it and see what details it provides (you'll probably need the employment law specialists on the forum at that stage) -
Could the debt being chased by DLC be in respect of an earlier year? Ring HMRC NI office and ask them for total details of amounts due for all in date years
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Good. Let us know how you get on
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You are correct caledfwlch . Uprightman... Get on the phone to the number on the correspondence, e mail them write to them, get them to update their records! Good suggestion about the utility bill BN
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Sorry, your first post said you had a letter. The length of time they take to deal with the check will depend upon how long it takes for them to get all the info in. Generally speaking, any overpayment will be recovered from a subsequent award; if there is no subsequent award, a time to pay arrangement will be set up
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At this point, just give them the information that they ask for. If they require further details they will write to you again
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Tax Credit Review - Going to be in trouble! Please help....
Gbarbm replied to Beedlebum's topic in Benefits and HMRC
Yes, just state the above and they'll make arrangements to reduce a subsequent award. Your employer has a statutory obligation to provide you with a P60 by 31 May following the tax year to which it relates. You could contact your employer and ask them for a copy. -
I suppose the best thing is to take the solicitors advice. There are employment law specialists on the forum who will hopefully look in and offer some further advice if necessary
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At the moment they are just looking at 2011/12 The only thing you can do is give them as much information as you possibly can.
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Are they going to pay towards the solicitors advice? This I think is normal practice in respect of compromise agreements
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Tax Credit Review - Going to be in trouble! Please help....
Gbarbm replied to Beedlebum's topic in Benefits and HMRC
The simple answer is yes, they will reduce a subsequent award. I highly doubt you will be prosecuted. You just need to respond to their request with the information they've asked for. Inform them of your mitigating circumstances concerning your divorce/separation and sorting out the joint finances. I know it's easy for me to say but please don't stress, just give them the information and pay back the overpayment Post back here if you need more help or advice. Kind regards Gbarbm -
Hi No like most others you are a little tadpole You will have to pay back what you owe either by reduction of a subsequent award or by direct payment (with time to pay - although HMRC will expect an income and expenditure statement to substantiate the time to pay arrangement) Just gather as much information together as you can to provide details of your hubby's non residence and the subsequent reconciliation.
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You're welcome! Yes it would be very helpful to get your feedback on the response; it helps us and other posters. Take care Gbarbm
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Ok well it is what it is. I suspect that HMRC have checked third party information and have come to the conclusion that he "could" be living with you. As I say, you now need to respond to the letter giving details as you have here and await their response. When you do get it, post back here if you need further advice or support
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Holiday pay and on call allowance
Gbarbm replied to loz's topic in Employment and minimum wage problems
The Advocate General has stated that a week's holiday pay must correspond with the workers normal remuneration. In short, this means that holiday pay must take into account basic wages, and any other consideration whether in cash or in kind which the worker receives. This appears to include bonus's and ex-gracia payments as well as allowances for overtime and shifts. I think you've answered your own question Loz; this seems a pretty definitive answer to me. I would be inclined to check your contract or written particulars if engagement and staff handbook to see if it specifically mentions this. If not, write to HR/payroll or your manager (whatever the escalation route is in your company) advise them that your "normal" pay whilst on holiday should include your on call allowance, request that you would like it repaid to you and see what they come back with. -
Is your ex husband still listed for council tax at your house? Does any if his correspondence relate to bank or building society accounts? Do his wages department or DWP use your address to correspond with him? Has he ever taken out a loan or credit card and used your address to do so? The reason I ask these questions is because if the tax credit office are checking a claim, they sometimes use third party information from council tax, banks etc to try and establish if a single claim or a joint one. My advice would be to respond to the letter providing the information as you have in your original post. As long as you are maintaining separate households and finances (I don't think your ex husbands odd bill payment will affect matters) then you should be ok
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Help..!! Childcare Overpayment by £7k.. Am I going to Court??
Gbarbm replied to wizardhead's topic in HMRC
Thanks for updating us. Well... You must feel a bit better about things now so well done, its not easy making that call but you did it and I've no doubt you'll have a better nights sleep tonight. The payment you received was probably sent out on a payment cycle and will be sorted out when everythings been checked Kind regards Gbarbm -
You're welcome; if there's anything you're not sure of after reading through it then just post back on here for advice Kind regards Gbarbm
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Right, well if it's Class 2 NI that's a slightly different scenario. As NI is not a tax or duty (it's an insurance - does what it says on the tin! ) It is classed as a civil debt so if any arrangements are defaulted upon HMRC will either deal with it in house via debt management and banking unit (DMB) or if it's low level (below £5K I think) they will pass it on to a debt collection agency
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Normally when a time to pay arrangement is made with HMRC they will pass on low level debts to external debt collectors if it is defaulted upon. The only thing I can suggest is to either contact HMRC and renegotiate a repayment plan, although in all honesty, i suspect they will say it's been passed to the debt collectors, deal with them. In which case, you would need to write to bluestone and request a time to pay arrangement with them. It may be worth checking your liability for that year, did you claim all relevant business expenses for example
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Had you received any correspondence from HMRC about the debt prior to the involvement of Bluestone?
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I think I first heard it mentioned in a Monty Python sketch
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You could google COP 26, which is the code of practice regarding overpayment of tax credits. If HMRC failed to make proper and timely use of the information which you supplied them with then they should remit or at least reduce the overpayment
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Nice to see the guy from the Civil Enforcement Agency "admit" that "things happen that shouldn't happen" He should get a job in the department of the bleedin' obvious!
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