Tax Credits Being Stopped For Home-Educated, Disabled Son

[angeljs]

Both of my sons are registered disabled. My eldest is almost 18 and autistic. They have both been home-educated since the age of 11 and we have received DLA, Tax Credits and Child Benefit for both of them up until now.

 

However, I received a letter yesterday that my eldest will no longer be eligible for Tax Credits as he is not working towards a recognised qualification. I have checked the government website and nowhere does it say that he needs to do so, simply that he needs to be in full-time education, which he is.

 

I immediately called the Tax Credits office and asked to speak to the person who wrote the letter, as the letter states 'I have decided...' and 'I have done such-and-such'. Strangely, I couldn't get to speak to the actual person, but the lady I did speak to informed me that since the decision has been made, they can't overturn it.

 

I've been in receipt of Tax Credits for my son for almost 2 years since he was 16, so can't understand why they've suddenly decided to stop them. That's a loss of over £100 per week starting immediately. and I have no idea how we're going to manage without it.

 

The letter also stated that I provided them with false information, which is a lie, as I have been very honest about their home-education and have given them the same information over and over again from the time he was 16. They also say I will need to pay back all Tax Credits I have received since last April!

 

What can I do about this? We are at our wits end and have no idea where we stand legally. Any advice would be most welcome.

[estellyn]

I don't have a lot of familiarity with this area, but have found a website the may help you:

 

http://edyourself.org/articles/claimbenefitspost16s.php

 

You should also challenge the decision - both that refusing benefit and the overpayment - you call the tax credits helpline and they will send you a form to complete, though you should think about getting help from a disability organisation with welfare rights help or from CAB.

[blondebubbles]

The tax credit guidance clearly states that a child over 16 can continue to receive CTC if in approved education - https://www.gov.uk/child-tax-credit-when-child-reaches-16.

 

It does not simply state it must be full time eg a child at full time uni is not entitled as it is not approved education (as it it adavanced education).

 

The fact the child is home schooled isn't relevant if home schooled before the age of 16 however the child needs to meet the same criteria as any other child over 16.

 

The link details types of education but you can clarify the type of education with them if not included - https://online.hmrc.gov.uk/information/help?helpcategory=shortform&helpid=CBOFTECH299e

[angeljs]

I'm very sorry I forgot to get back to this thread, but the benefit was reinstated after we asked for a reconsideration, and it was implied that this was happing to a lot of home-educated children by staff who don't understand how it works. We received a full re-instatment and all of the benefits that we had lost while we were contesting it.

[antone]

That's good news, and thanks very much for getting back to us and letting us know the outcome. It could help future users of CAG