working tax credits and disability element

[recompense41]

I have been battling to get the disability element for working tax credits for the 2012/13 tax year for some time. Unfortunately I found the initial claim form confusing and I didn't mention DLA on it although I did mention it on two occasions on the telephone, once for the initial claim (which they say doesn’t count as that was just to get the form in the first instance) and also again a month later when I queried the zero award I had received. As I had received a zero award I assumed I had been turned down for both the tax credits and the disability element. It was only a year later, when I started receiving tax credits, that I realised the disability element was missing. I telephoned again and this time it was awarded and backdated a month. I then took it to the appeal tribunal as they would not award it to me from the start of my claim. I lost as the judge said they had to stick by the one month backdating rule but I had a clear case for raising a complaint with the tax credit office with a view to receiving compensation.This was also put in a letter.

I have since been through both tier 1 and tier 2 complaints with the tax credit office and now it is currently with the adjudicator. First they denied I had ever mentioned DLA in my telephone call, but I had recorded evidence (which they provided!), and then when they did admit it they stated the following:

We asked if you were receiving any social securitybenefits. You replied DLA. Please note receiving DLA does not constitute youare disabled unless you tell us for whom this is paid for within thehousehold.’

 

I find the above statement frankly incomprehensible. I was specifically asked if I was in receipt of any benefits, not if anyone in my household was in receipt of any benefits. If I was asked if I was working and I replied yes, the tax credit office wouldn’t say this doesn’t mean you are in work because you haven’t told us who was in work within the household! Surely there is also a responsibility on the part ofthe advisor to ask more questions in order to verify the facts if unclear about anything that has been said.

 

My question is, do you think I still have a case?

Edited June 17, 2014 by recompense41
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[blondebubbles]

Personally no I don't. Not if it's went that far and even the tribunal don't agree.

 

I understand where you are coming from however when you were given a "zero" award you are told to check this and confirm if any of the details are incorrect.

 

Without knowing the context of the call in question it's hard to say if the adviser should have picked this up or not eg if you called and said "I think I should be getting the disability elment because I'm on DLA" and they don't do anything to check then yes that's their error.

 

However if call was something unrelated, say calling specifically about income, the way their system works, they'd be on a specific screen that only shows your income and nothing else. If the adviser asks if you get any taxable social security benefits and you reply DLA, firstly this isn't a taxable benefit so isn't relevant in that sense and secondly, they aren't then required to go looking through your claim to check that.

 

Do you know how much you have potentially lost? Is it enough money that it's worth pursuing?

[recompense41]

Hi

 

Thank you for your reply. I understand what you are saying. The amount is quite significant, approximately £50 per week for a year.

 

R