Tax credit referred to criminal investigations team

[cp1978]

Hi all new to this i made a mistake with income on my annual review in june, i recieved a large amount tof money in the bank at the time i had just had a traumatic delivery of my baby and was recovering at home however did not deal with the overpayment or go through the post that had arrived as since having my baby have had ill health, they have written to say the income they have is diffrent from what i had supplied and thinking back now had my baby head on and renewed just around the time when i was going to being induced. Having spoken to them they now inform me that it has been refere to there crimianl investigations team, really scared anyone else had similar? what was the outcome of yours?

[lis79]

HI,

I know it's easily said - but try not to worry yourself crazy.

Lots of people on here had overpayments - and just had to pay it back. When you say you didn't go through the post, did you mean you missed letters asking for more information? (i.e. asking for p60s and childcare receipts etc). Just wondering why they are making an exception for you? On the tax credits website it says they only go down the criminal route if a claimant acts in a way that makes a civil investigation impossible. So do you think maybe you didn't respond to their requests in time (not on purpose though, I realise)?

Either way, I'm just hazarding a guess but maybe you could call them and try and persuade them to revert to the civil route? Did you already mention your mitigating circumstances (i.e. ill health)?

[Nystagmite]

What was this sum of money from? Tax credits are based on taxable interest over £300 pa as well as your income.

[cp1978]

Hi, basically we look after a child and the mother last year tried to amke a claim so our child tax credits stopped and we called and appealed it wasnt till this year that we appealed again in may and they put the child back on claim in august this year as they were saying for 18 months on our paperwork we do not qual;ify as we are not responsible for a child etc.. so the amount was paid into our bank in august for back payment of what we were due according to the income i had given them. However the income i had given was wrong, we have had no other requests for any other paperwork just this comliance letter asking us to confirm salaries. the post that i never checked was the new reward that came in august. Also now the child has been put back on our claim she has changed child care and being on maternity the costs have changed i did not let them know before as they said i was not responsible for a child, do you think i should let them know now as she is back on our claim?or should i wait to recieve the new reward through? please reply as soon as you can and thank you for your help.

[lis79]

I honestly don't know the best thing to do I'm sorry - can't offer professional advice.

But I would think the sooner you voluntarily disclose information, the better. They will pretty likely find out either way. Are you worried it will confuse matters if you ring up with the new information? I think what's most important, that they have a record of you updating it voluntarily (via the recorded phone call).

 

Who actually said it's been referred to criminal investigations? Did you ring up the general tax credits helpline 0845 300 3900? Or did you ring up another number you got from the compliance letter? Did they said 'criminal investigations' - or just say 'it's been referred'.

 

Also, do you think it's possible that the mother of the child is appealing her decision, and this has caused it to be looked into by criminal investigation team

[Nystagmite]

I'm sure they'd rather you phoned up all the time and told them about new changes, rather than waiting.

[cp1978]

I have spoken with them and the child care cost now updates, the helpline told me to speak that thereis anote on system to say that with regards to the compliance letter re income i have to speak to the penalty team direct so i called them and they said they have my details and said they will look at in which could take weeks as they have load sto deal with howver the man said that we will either get a penalty or if we have given false statements before then it will be passed to prosecution, now i have just realised that my 2009-2010 finalised pack that came in august because child being put back on is wrong too on the income, shall itell them or will they look at the previous years and see that i have made another mistake? and will i then be in more trouble or should i just wait and see what happens also this is a joint claim and my husband knows nothing about what has happened as he leaves me to sort out, i,m in right mess its me who has made a mistake not him and just want this sorted.

[lis79]

HI,

 

I think it's probably best to voluntarily correct things off your own back. I have heard that people get overpayment letters years afterwards (so maybe they routinely go through past years, I don't know) - but some of these have been from tax credits own mistakes. How much have you been overpaid by?

[lis79]

HI,

 

I think it's probably best to voluntarily correct things off your own back. I have heard that people get overpayment letters years afterwards (so maybe they routinely go through past years, I don't know) - but some of these have been from tax credits own mistakes.

Maybe you should see a solicitor. Many of them offer first 30 minutes free. Find a criminal solicitor with experience.

How much have you been overpaid by?

[taraquin]

HI,

I know it's easily said - but try not to worry yourself crazy.

Lots of people on here had overpayments - and just had to pay it back. When you say you didn't go through the post, did you mean you missed letters asking for more information? (i.e. asking for p60s and childcare receipts etc). Just wondering why they are making an exception for you? On the tax credits website it says they only go down the criminal route if a claimant acts in a way that makes a civil investigation impossible. So do you think maybe you didn't respond to their requests in time (not on purpose though, I realise)?

Either way, I'm just hazarding a guess but maybe you could call them and try and persuade them to revert to the civil route? Did you already mention your mitigating circumstances (i.e. ill health)?

 

From personal experience I can confirm that that is perfectly correct.

I refused to co-operate with a simple case that I believed that the law meant one thing and they said it meant another. This was the DWP, not HMRC. The argument centred around disclosure of self employed earnings. They said my income was my gross turnover, whereas I said it was the net after expenses.

 

Anyhow, I refused to be interviewed, and refused to reply to their letters. Thinking that they are being stupid.

 

umm stupid! Next thing I knew I was dragged out of bed at 5am arrested by the police and kept in custody of 48 hours before being charged with theft and false accounting. I pleased guilty and then argued the case at a Tribunal. Won the Tribunal, but still had a criminal conviction and 6 months inside!!

 

 

Would have been much easier to try to sort it out through the civil courts than end up with a criminal conviction and not been able to hold a job down for the past 26 years.

[cp1978]

hi how much was your overpayment for, and why did they sentence you to 6 months inside?.

[taraquin]

hi how much was your overpayment for, and why did they sentence you to 6 months inside?.

 

Overpayment was just over £6000 and covered income support/unemployment benefit.

 

Incidentally that was later revised after I came out and appealed against the figures to the Tribunal. When they considered the 'set off' (other benefits I could have legally claimed but didn't), and that the DWP were wrong in the way they had calculated the overpayment (yes, I was entitled to reduce my 'income' by the expenses incurred) the overpayment went down to under £1000!!

 

First offence, aged 36.

 

Because the judge said that I failed to co-operate all the way through the investigation and that I gave the DWP no alternative but to hand over the case to the police.

 

I pleaded guilty in Crown Court on the advice of by barrister who was a complete waste of time.

[cp1978]

gosh i cant believe that, baristers hey whats the point! have you had any expereince of tax credit overpayments?

[cp1978]

no never had any letters to reply to, it was the final reward letters as the child was put back on the claim and the letters came when i had come out of hospital and 3 weeks later it was then got mastitus and then carpal tunnel, so post was not priority to me and hasnt been really up until now, as far as i know mother probably hasnt appealed however it took 18 months for her to go back on our claim, and even with the wrong salaries i gave apparently we would not be entitled to any tax credits so how can they then pay £6000 into our bank in august surely they have made a mistake as well?