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WTC Mandatory reconsideration


23sopwith
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just received a letter from hmrc this am regarding working tx credits

 

 

it states that credit wont be effected at moment but the at some point may ask for books etc

 

 

my plans to make things more profitable and also to ensure I am working to make a profit.

 

 

Im not thick by any sense but because I only earn £ 175 per week in doing 2 jobs

and support a disabled wife (she receives dla at middle rate)

 

am I to assume that I am to be penalised or noit earning enough or am I just being paranoid

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If someone is claiming tax credits but earning less than NMW then tax credits will want to ensure the business is genuine.

 

More info here - http://www.revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/self-employed/

 

NMW is currently £6.70 so for 30hrs work would be £201 per week.

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thanks for reply bb I have read the thread and find it very interesting but don't understand why the dwp says a self employed person need not pay themselves the minimum wage, further I have to customers who I look after one 20hrs the 2nd 10 and last april when I discussed putting up my charges by 20 and 5 per week respectively was told they would go elsewhere, so I suppose its jsa , however I do feel that hmrc will say I

deliberately made myself unemployed.

In about 8 weeks I turn 60 so I will only have to work 16 hours a week so where is the joined up thinking in the hmrc.

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Not sure where the DWP come in as they don't deal with tax credits?

 

HMRC aren't saying you need to earn NMW. They are saying that if you don't then your records may be checked. They can in fact check anyone's records if they have a reason to believe it may be incorrect.

 

They may then see the records and be happy with them and your claim continues. Or they may not agree. It really depends on each individual business.

 

These checks where required because there are those who signed up as self employed in order to claim tax credits and are doing little work or making very little attempts to increase their income. Tax credits want to stop these types of claims and the only way to do so is my checking your records.

 

Regardless of the number of hours you qualify for in the future, they can still check the claim and payments you already had.

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  • 11 months later...

been on middle rate dla since 1994

received letter stating my dla was to be stopped unless I rang a number,

turned out to be pip

 

was told in no uncertain manner if I didn't do a t/phone interview they would stop my dla much the same as others having read pip item in forum.

 

received form to fill in

40 pages none of which (except 2) allude to my disabilities,

 

the last time I saw a form like this was an atos fitness to work form,

 

when I asked the lady who did the t/phone interview if she /they would be obtaing my records from dla she said no we don't need them

 

Now I wonder apart from putting extra sheets in explain grande mall seizures alcoholism depression high blood pressure and copd and will they accept them

 

I always thought that dla was a benefit to help wheras pip it seems is just another way to get people back to work.

 

advice on how to inform the powers that be of my disabilities and the financial costs and personal cost or does that not matter any more

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Well they do look at old DLA forms

As they contacted my neighbours old copd specialist who'd since retired

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Your best bet is to do your research - there is ample information available on this and other sites regarding the criteria for PIP and completing the forms, which absolutely must be done thoroughly. If you have specific questions then come back here and ask.

 

Be aware that many, if not most, of the posts/information will be from people who have been refused benefit since they are usually the ones needing help, but whilst PIP is certainly much harder to get than DLA it isn't impossible to get the right award at the first attempt.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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You can request that if the information is still held at DLA then can it be copied for the purposes of PIP,

just need to consider if the information is still valid at this point after that many years as many conditions change as well as medications and treatments.

 

If you have any evidence that is more recent then it is advisable to send that along with the PIP2 application form.

 

It is not impossible to get PIP awarded

however it is harder as it is decided on how your conditions affect your daily living and mobility issues and is based on a medical assessment whether it is face to face or paper based.

 

With your conditions if you have specialist input or support then try and obtain a letter from the specialist to advise how your condition affects you day to day.

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There is no legal obligation to do telephone interviews..

 

But if you don't you risk having your claim refused as they're really bad at sending out paper claim forms and/or they always go missing in the post ....

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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But if you don't you risk having your claim refused as they're really bad at sending out paper claim forms and/or they always go missing in the post ....

 

I hear what you say but it may not be possible for some people to use the phone for disability reasons..

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the forms have a return date on them

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

forms back before due date by recorded delivery today received apt with atos 2 weeks hence have contacted health proffesionals bwho will verify my med condition none have been contacted todate, is this another atos whitewash

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They rarely or never actually contact anyone, even in cases where the rules say they must, such as for very vulnerable claimants with potential for self-harm.

 

As with the forms,

there's plenty of advice online regarding the content of the assessment and the type of questions you may be asked,

including those that appear to be designed to trip you up.

 

 

Example - do you do your own shopping

- response could be yes,

in which case it will be assumed that you can walk around an average supermarket with no problems.

 

 

A response of 'yes, but ...' may well be curtailed before any further information

such as you do your own shopping online only is given,

or you use the supermarket's wheelchair to get around

or indeed anything that might make you eligible for benefit.

 

 

I have seen advice that it's best to avoid yes or no answers altogether,

and in the example above answer something like 'I use a wheelchair to get around' or 'I only shop online'.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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There is no facility for PIP assessments to be audio recorded as with ESA. If you want to record officially you will have to have suitable equipment (dual recording on to tape or CD) and get permission in advance. If, like most claimants, you do not have access to such equipment your only option will be to record covertly, however if you are discovered doing so the assessment is likely to be terminated and may lead to benefit being denied on grounds of 'failing to participate in the assessment'.

If you succeed in making a covert recording, there is no guarantee it will be accepted if reconsideration or appeal is necessary. One suggestion I have repeated previously is to have a mobile obviously recording which you can switch off with suitable apologies when it is noticed, and one or more back up devices recording from, e.g. a pocket.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

well its 2 days to pip assessment have read an awful lot from what I can see and what has happened or should I say has not happened ie. gp cardiologist, neurologist or respitory consultant none have been contacted, I wonder is this just another "on paper" atos assessment and the decision already made at dwp.

ive had experience with atos before, 5 years ago income support medical, it was a farce had to go to tribunal, is the hcp allowed to examine ie. take bp listen to chest or are they still not allowed to touch.

I think its going to be another tribunal

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Full details of what HCPs are/are not allowed to do are in here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf.

 

 

DWP will not have made a decision yet and it is perfectly normal for none of your consultants to have been contacted

- obtaining reports from consultants is expensive and rarely of use in determining what you can or cannot do in daily life since exactly the same condition(s) can affect different people in vastly different ways

 

Good luck, but do remember that, in general, the only people who post about their experience have not been awarded the benefit which they expected.

 

 

This is not to suggest that there is any guarantee that the report from ATOS will be fair or accurate,

my own experience is that they are based on assumptions which are flawed even if they were in any way true.

That said, I was awarded enhanced rate of both components of PIP at the first attempt though in some respects for entirely the wrong reasons!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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had pip assessment this am

 

 

it was a strange affair haven't got a clue who did it or company he was from he never told me not wearing a badge all I know he said he was a paramedic and didn't work for atos, never looked at me except when I queried why I was there he just sat at his laptop typing not making any visual eye to eye contact.

 

at the end of the interview he said "that's it all done"

youll get a letter from dwp in about 4 to 6 weeks with the level of yperience exour benefit and then you will have to be rechecked every 3 years.

 

was this a spoof was I dreaming no that's what happened any body else had this

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  • Andyorch changed the title to WTC Mandatory reconsideration

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