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Top Working Tax Credit & Child Tax Credit topic #3910

Subject: "Award started six years later?" First topic | Last topic
Carole L
                              

BA:BH Caseworker, CAB Pembroke Dock West Wales
Member since
18th Mar 2006

Award started six years later?
Tue 16-Feb-10 08:49 PM

Has anyone else come across this ridiculous situation.
Client in receipt of IB for past 3 years. Ended employment after long period of sickness.
Noticed payment from WTC into his overdrawn bank account of £700 followed by weekly payment of £37. This started Jan 2010 but he has had no communication from IR since he received a notice of nil award. He had made a claim in 2004 but had nil entitlement. Has never received any award.
Rang IR and told not an official error, they client at fault as he should have informed them he ended employment in 2006. Client can now expect overpayment recovery. Obviously I will be responding but how bizarre!
They admit he has not had any annual statements or award notices but say his 2004 claim and income details remained on the system and in Jan came into the threshold for payment. No checks on entitlement at all.

  

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Derbyshire
                              

Welfare Rights Officer, Derbyshire County Council Welfare Rights Service
Member since
25th May 2005

RE: Award started six years later?
Wed 17-Feb-10 08:37 AM

Carole

Not quite the same but some strong similarities. I dealt with someone a while ago who claimed WTC as a single person and was refused as earnings too high, so nil award. 18 months later she was pregnant and left work and had her baby about 6 months later. She claimed what she assumed would be CTC but was awarded both WTC/CTC. She spent the next 9 months trying to explain to them that she thought she was not entitled to WTC and eventually they cottoned on and stopped both! Re-instated CTC and asked for repayment of considerable sum. The whole thing hinged on them saying she should have reported a change of circumstances when she left work as nil award of WTC had carried on as an underlying claim and had been reassessed once she sent in her claim form after the birth. That is, that she should have notified them 18 months after being told that she was not entitled about a change of circumstances that made it completely certain that she was not entitled!

It took a lot of correspondence and phone calls, during which they completely refused to recognise the absurdity of their position, and an eventual complaint to the Adjudicator for them decide not to recover.

Good luck!

Tony

  

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Top Working Tax Credit & Child Tax Credit topic #3910First topic | Last topic