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Everything posted by GamerNic

  1. If you are on Child Tax Credits only, this shouldn't make a difference as the threshold for payments reducing is £16,105 so you will be on the maximum entitlement anyway. I think the tax credits system can "see" certain other benefits i.e. when completing the renewal, but it is not sophisticated enough to separate the figures. In future, when doing the renewal just change the figure to the correct one, if it is for current year you can amend it anytime.
  2. I only saw your second post which said July 2017 so I didn't realise. However in your other post you do mention a few different dates. Please check your last award notice for the end date (it should say on the front, and in the elements section). If that date is on or after 06/04/17 then my previous post is exactly what will happen. You still must complete an s17 ("renewal") to confirm any entitlement owed in that tax year - even if this is confirmation of zero entitlement. Note: it is possible the claim was ended on 06/04/17 in which case the same thing will happen as the system thinks you technically have entitlement for one day, 06/04/17 to 06/04/17 (I suspect this may be the case, because the system is a pain to backdate further than the current year - it can be done but it is awkward).
  3. Did you complete the S17 "renewal" form? It won't be confirmed until then because you have some entitlement from 06-04-17 to the end date. As your claim has ended your s17 may not come until late June. Once your entitlement is confirmed, the overpayment will be confirmed, then it will go to recovery & Notice to Pay will be sent.
  4. I would like some advice on behalf of a relative please. She has been diagnosed with early onset Alzheimers / dementia. She has been co-operating fully with her employer (a large retailer), for example going to an occupational health appointment. The assessing "doctor" didn't have her notes beforehand, was really abrupt, derogatory and not listening to half of her answers / information. His report said she is a danger to herself and others, which we all strongly disagree with. (It is possibly due to her disclosing that she must be reassessed for her driving and may have her license taken away, but to my knowledge there is nothing she has done at work that proves her a danger at all.) We were hoping for some kind of medical retirement (she's in her mid fifties) or some kind of dismissal on capability grounds which would attract some sort of payout. They now claim they cannot provide a job for her and have "offered" her two options: 1. Move to another store for just 2 hours per day. Why they "can't give her a job" but then can give her a job only in another store for a few hours sounds very odd to me. Also a totally pointless exercise that nobody would take. 2. Dismissal - no compensation. I believe she would be classed as having a disability under the Equality Act and this seems like they would be breaking the law. I feel that dismissal may be disability discrimination. They do not seem to have made any attempt whatsoever to provide reasonable adjustments. I can think of a couple of things that they could have tried. In the meeting they started to bring up incidents from a year ago, such as she swore, a customer overhead and complained. That has *nothing* to do with her condition. They mentioned she forgot to put on safety equipment / misplaced her locker keys / forgot to clock in - all things I could see possible reasonable adjustments for (for instance, a "buddy" to help her remember things). It seems very unfair after 25+ years of service, with an excellent record, they can just dismiss her with no consequences. The union are involved and unhappy (but my experience is unions are pretty toothless) and she is going to speak to Alzheimers Scotland, but any advice would be appreciated.
  5. You can only make certain changes online but I had a quick look and you cannot yet report a change of household, so you would have to call. I don't know how bad the phone lines are just now but I recommend calling at 8am on the dot so you don't have to wait ages in queues.
  6. You must tell them as soon as he moves in so your claim will end, if you delay you will have an overpayment. You just say you do not want to make a joint claim, so there will be no need to give any of his details. FYI, depending on your pay day it is possible to have a small overpayment even if you tell them right away (as it will compare exact entitlement for X amount of days to total paid so far). Please note, you must complete "renewal" paperwork after the end of the tax year even though the claim has ended - this is to check you were paid correctly from April to the end date. If you do not complete this you will have to repay all payments from April.
  7. I don't think she has to tell them, she's been back at work, this is a separate occasion. The Tax Credit Manual just says the following: A person is treated as being engaged in qualifying remunerative work for any period during which they are paid any of the following Statutory Sick Pay short-term Incapacity Benefit, at the lower rate under Section 30A to 30E of the Social Security Contributions and Benefits Act 1992 Income Support (IS), on the grounds of incapacity for work under paragraphs 7 and 14 of Schedule 1B to the IS (General) Regulations 1987 Employment and Support Allowance (ESA), on the grounds of limited capability for work under Part 1 of the Welfare Reform Act or receive National Insurance credits, on the grounds of either incapacity or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975. The person must have been engaged in qualifying remunerative work immediately before the beginning of the period. If the person is paid IS or ESA or receives National Insurance credits they’re treated as being engaged in remunerative work for a period of 28 weeks only. This period begins with the day on which they’re paid IS or ESA or receive National Insurance credits.
  8. Working Tax credit claims are joint, therefore she would be liable for the debt (at very least, her half of it). Basically OP did not complete and return the renewal form, which is a legal requirement under section 17. If this is not completed all payments in the current tax year are an overpayment, because you failed in your legal obligation to complete the form. So the first important question is when did you call the helpline? If it was within 60 days of the 1st Specified Date deadline, the agent should have taken your income details and sorted out the claim. If calling after the 60 days, you *may* have had "Good Cause" in which case it could have been sorted at the agent's discretion. Note: I say *may* have good cause because someone else could have completed the renewal on your behalf - your wife being the other claimant for example, but you could have argued the good cause case as you were both preoccupied and there was nobody else you could rely on to complete it for you. What they probably said was if you provide your income figures before the end of January, we can treat it as "Good Cause" and fix the problem. If you never did that, it cannot be treated as Good Cause and the overpayment will stand. So an appeal is pointless as the s17 decision cannot be appealed. To be honest I don't fancy your chances but the best course of action is to dispute the overpayment. Now, to get around the 3 month timeframe for disputes, you must explain that this is due to “exceptional circumstances” which are your health issues, specifically memory problems, on the grounds that it should have been a “Good Cause case”, explicitly stating why neither of you could complete the renewal, why nobody else could AND why you took no action before January 2017 to rectify this. (Or if you did actually call within the 60 day period, that it is advisor failure, but still explain the good cause parts). For reference: Good Cause Guidance - consider if the customer could not complete the form or reply earlier due to exceptional circumstances. could not make arrangements for someone else to handle their affairs. was able to complete the form but was unable to post the form. You would then need to consider whether it would have been reasonable for the customer to ask a relative or friend to post the form on their behalf.
  9. ericsbrother you are incorrect to say "If your income was lower for say the first 6 months then you are entitled to the tax credit". Tax credits is worked out on the income from a whole tax year. Award notices clearly state if your income goes over X amount to tell them. Claimants are expected to keep an eye on their expected income for the tax year and advise the change as soon as possible. If you do not then at the end of the tax year there is an overpayment. "start an appeal by filling in TC846 available on gov.uk. On there you need to ask them for details" - An appeal is when you feel a decision is incorrect. A TC846 is to dispute an overpayment and you need to state exactly why. You cannot ask for an overpayment explanation on that form. OP my advice is to check the final tax credit award to make sure all of the information is indeed correct. Compare it against the previous one to see why there is a difference in entitlement. You can even do a manual calculation to ensure the figures on the final award notice is correct if you really don't trust them. If you can see that you were indeed overpaid by that amount, make the repayment plan.
  10. I just got a P800 tax calculation as I'm due a refund and the notes explicitly state "if you receive Universal Credit and we've sent you a tax refund you must tell DWP the amount of tax refund and the date you received it" then says for more info go to www.gov.uk/universal-credit
  11. Unfortunately hmrc in recent years have put the onus back on the claimant as in law they have a responsibility to ensure records correct & to reply to queries within timescales blah blah.... A claim cannot just be transferred as hmrc don't know where kid lives if moved out, new person must apply. (Sorry, ftnae = full time non-advanced education, something that trips up quite a few non uk nationals). I don't disagree with your points but experience from the "other side" as it were is what makes me think I know what they'll say. Worth a try though, best of luck.
  12. Yeah, it doesnt say any amount is CB, it just says income related entitlement is 143.90 less total income of 0.00 so your income related entitlement is 143.90 (which is the full weekly amount.) It was just the p60 that confused me, but if my letter says IR then I must get exemption. Thanks for your help, these benefits are confusing.
  13. They cannot ask your husband to pay your debt, however if you call to discuss a repayment plan I don't know what they look at for incoming/outgoings assessment. Had a quick look and the form is not published so unless someone has seen it before, don't know if his income included in calculation. Just in case things change & you were to make a joint tax credit claim -they might claw back your overpayment from there.
  14. From what you've said, is this is a case where claimant wasn't getting child benefit, which triggered a check of child responsibility? Was the child over 16 so the ftnae also an issue? If so, why weren't they getting child benefit? I think that raises enough of a red flag to allow hmrc to begin investigations. Sometimes one parent gets child benefit and their ex gets TC, which in itself is fine hence can't decide based just on that. But, if claimant doesn't respond they breach their responsibilities then hmrc can end claims. Language barriers not a good reason normally, as customer is expected to seek help if needed. The phones thing is ridiculous but doesn't stop customer sending what they can by post. Last I knew, they were getting very strict about the time to request reconsideration and it doesn't sound (so far) like the claimant has a good reason for late reply or late MR request. No harm in trying though, I guess, if they have sufficient evidence to post showing responsibility / ftnae if needed and point out first letter was meant to be MR request.
  15. The main bit that worries me is that the full amount on p60 shows as taxable but the letter shows full weekly amount as income related, it makes no sense to me at all.
  16. Its usually due to something on credit files, so its odd - maybe get him to double check nobody has your new/old address in error, check there's no old joint accounts open etc. The cash is easily explained as child support. Send as much as you can and do the cover letter, saying about what you don't have and why, also explain about the child support.
  17. Insomniac panic may be over, was worried as p60 showed full amount as taxable, but decision letter clearly shows in calculation "income related amount is £(weekly amount)" So I can tick the esa ir box at the dentist? So confusing, can anyone confirm? (Jcp staff said think so but they were so unsure I don't trust them & don't want to call helpline if I can avoid it)
  18. Letter says esa is "based on what the law says you have to live on and contributions record" This means award is both income based & CB, is that correct? Also when applied claimant told it must be IB to include partner. So claimant entitled to prescriptions etc as claim is part IB?
  19. I think the award notice says "tell us if your income goes up/down by more than £2500. Personally when on tax credits, I report any increase over £2500 as soon as I am aware but leave decreases to the end - telling them by the end of March will ensure increased payments from April. Apart from anything else I'd be worried the income would go back up again and cause overpayments.
  20. Normally it is only taxable income that is included so I suspect your financial advisor is correct (then only interest on your savings and investments would be included for tax credits) but investments are a bit outwith the remit of tax credit advisors so it can be difficult to confirm. Best place to look is the manual - https://www.gov.uk/hmrc-internal-manuals/tax-credits-manual/tcm0120080 and the technical manual - https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm04500 I did a search and can't find the word Capital at all, so perhaps you can find the one that fits your investment, or get your financial advisor to confirm which one is yours.
  21. I think they just have to get all the details to make sure your claim is done correctly. It's the same with most benefits I'm afraid, if you move in with someone you really become joint claimants, as you are no longer "single". So it's not just a change of address, it's a change of the claim. My advice is to take a deep breath, forget about how long it is etc and for now just fill in everything you can, even if it is just name, address etc. Then get your partner a cuppa and ask him to fill it everything he can. Then look and see what is missing, make a list and get your partner to find out. Anything you can't answer (no accounts yet etc) just add an extra sheet of paper to say something like, we don't have this yet, we will have it on XX date, this is what we estimate the amount to be.
  22. Term time workers are considered to be working all year round but the guidance is unclear what to do when they stop working. I just trawled through the technical manual and there actually doesn't appear to be anything specific about this. Probably because not every employer will do the same thing. So I believe it's going to come down to what is on your P45. If you employer considers you as an employee until end of August or whatever as normal, then submits the P45, as long as you start your new job within 7 days of the P45 "end date" (and you give hmrc all the details in time) your claim will continue. If your employer puts it through now with an end date of now, your claim ends.
  23. It is not possible to say for sure on the information you have provided. It depends on a number of factors, including any childcare, any disabilities etc. The calculation uses your total household income from last tax year and current tax year. Use this online calculator to get an idea of entitlement - https://www.gov.uk/tax-credits-calculator As to when to let them know, calculate the likely income for each of you over this whole tax year and tell them asap. There is small disregard but if your income this year is over that, you must tell them now - if you wait for the end of the tax year, you will get an overpayment. If you prefer - you will have to call them with your new job details anyway, so you can do it all on one call once you start the job and they can adjust your entitlement accordingly. It is difficult with your partner being zero hours - if you do still qualify and then later in the year she gets more hours / did some overtime / gets a bonus whatever, make sure to recalculate and ensure your income is within the disregards (shown on your award notice) and if outwith that, tell them the new figure asap.
  24. There is nothing to appeal against. This is correct. There is an income disregard for an increase or decrease in household income. If your income last year was £10,000 and this year it is £7,500 there is no change in entitlement this year. If the same pay continues into next year, then the claim for next year is based on £7,500. If your income went down to £7,000, only the £500 difference would be taken into account.
  25. From what you have said I'm afraid it sounds like the advisor is correct. Tax Credits is based on the income for the whole tax year for both partners. It is essentially worked out on the basis of a year then proportioned down to X number of days. If they split up in April the claim was for a short number of days which has likely impacted the overpayment too (because yearly amount divide by weekly or 4 weekly payments probably exceed the exact amount for X number of days). Edit: with regards to writing, I would say head office (who answer the letters) are no more qualified that phone advisors, in some instances far less so.
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