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Fraudulent claims for UC - a new scam?
I’m glad to say that my cl’s HB has been restored, only leaves Tax Credits!
Hi Pete, have you managed to get the tax credits restored? if so, how?
I’m still getting the runaround from DWP - the Risk Review Team dealing with these situations told my client they’re very busy and he’ll just have to wait, even thoughhe’s had no payments for 2 months. Our DWP partnership manager can’t get anywhere either so is escalating internally…. seems to bear out previous press reports of massive fraud when the ID restrictions had to be lifted.
Am going to advise client to pursue the police crime ref / Action Fraud and contacting MP route as well.
My Cl’s Tax Credits are due to be reinstated this Friday, the cl. has been extremely persistent with HMRC, ringing them every day for an update and perhaps this is what made them get on with it.
I think there may be an issue with the lack of info on the stop notices, they only seem to list the cl’s full name, DoB and Nino. In my cl’s case the name was wrong, the DoB may have been right and we don’t know about the NINo but Tax Credits were stopped anyway, even with the wrong name.
It might be helpful if HMRC had a higher level of scrutiny of stop notices to pick up and query inconsistencies and perhaps the stop notice could be altered to include other info like the names and DoBs of cl’s children ( all of which were wrong in my cl’s UC claim) for a more secure check.
We were contemplating an MR for HMRC partly on the grounds that HMRC had made an error in failing to properly check the stop notice against the details they held for the cl and this might be a way forward, if nothing else it secures the cl’s position in relation to the claim.
We were contemplating an MR for HMRC partly on the grounds that HMRC had made an error in failing to properly check the stop notice against the details they held for the cl and this might be a way forward, if nothing else it secures the cl’s position in relation to the claim.
That adds an unnecessary step to your argument. The stop notice is invalid because no claim ever existed. There was only ever a fraudulent facsimile of a claim which is not legally effective. It was “written in water” to borrow a phrase. It doesn’t matter how careful HMRC were or weren’t in dealing with the ‘stop notice’, it was equally ineffective as a basis for terminating tax credits.
Written answer yesterday advises that -
Between 16th March 2020 and 29th May 2020, 129,000 Universal Credit claims were referred to the Department as at least one aspect of the claim was suspected to be incorrect.
However it adds -
These referrals can occur for a number of reasons and will not all relate to fraud; some may be a simple misunderstanding by a claimant. Where DWP has a doubt about a person’s identity, no payment is made until that doubt has been cleared.
We were contemplating an MR for HMRC partly on the grounds that HMRC had made an error in failing to properly check the stop notice against the details they held for the cl and this might be a way forward, if nothing else it secures the cl’s position in relation to the claim.
That adds an unnecessary step to your argument. The stop notice is invalid because no claim ever existed. There was only ever a fraudulent facsimile of a claim which is not legally effective. It was “written in water” to borrow a phrase. It doesn’t matter how careful HMRC were or weren’t in dealing with the ‘stop notice’, it was equally ineffective as a basis for terminating tax credits.
Agreed ,but I was thinking more along the lines of moving HMRC from the position where they can, with some justification, say that its nothing to do with them (‘its UC ‘s problem to solve’) and do very little except wait on UC to a position where they could possibly bear some responsibility and therefore have a reason to take some action of their own.
In these cases HMRC usually say that it isn’t an appealable decision and therefore no MR/appeal can be done.
I’m glad to say that my cl’s HB has been restored, only leaves Tax Credits!
Hi Pete, have you managed to get the tax credits restored? if so, how?
I’m still getting the runaround from DWP - the Risk Review Team dealing with these situations told my client they’re very busy and he’ll just have to wait, even thoughhe’s had no payments for 2 months. Our DWP partnership manager can’t get anywhere either so is escalating internally…. seems to bear out previous press reports of massive fraud when the ID restrictions had to be lifted.
Am going to advise client to pursue the police crime ref / Action Fraud and contacting MP route as well.
Colleague Sarah got confirmation that her client got her TC’s paid today etc etc. Hopefully the local MP at your end is a proactive MP’s office!
Just got my first case of the new batch.
IRESA claimant with SDP. Has no computer, no email; no change of circs.
Made no claim, authorised no claim, didn’t respond to any cons about loans, only knew anything was amiss when ESA was stopped.
DWP appears aware it’s fraud by person(s) unknown.
Claimant told it will take 7-14 days to resolve. Won’t get paid in the meantime.
How is DWP accepting claims covered by SDP Gateway? Why take so long to disentangle a claim which is unlawful on two counts, leaving claimant penniless?
I’m glad to say that my cl’s HB has been restored, only leaves Tax Credits!
Hi Pete, have you managed to get the tax credits restored? if so, how?
I’m still getting the runaround from DWP - the Risk Review Team dealing with these situations told my client they’re very busy and he’ll just have to wait, even thoughhe’s had no payments for 2 months. Our DWP partnership manager can’t get anywhere either so is escalating internally…. seems to bear out previous press reports of massive fraud when the ID restrictions had to be lifted.
Am going to advise client to pursue the police crime ref / Action Fraud and contacting MP route as well.
Colleague Sarah got confirmation that her client got her TC’s paid today etc etc. Hopefully the local MP at your end is a proactive MP’s office!
I spoke to soon when I said that cl was having Tax Creds restored. A telephone conversation with a very helpful gent at HMRC has established that HMRC have to follow a procedure (which may involve some sort of investigation of their own) before TC can be reinstated. This seems a bit counter intuitive,how would HMRC investigate something that was done to UC, surely its UC’s responsibility alone.
They are not able to give a time for the reinstatement of Tax Credits.
Are there area liaisons for HMRC, I’ve never needed to use one before but it might be useful now
I’m glad to say that my cl’s HB has been restored, only leaves Tax Credits!
Hi Pete, have you managed to get the tax credits restored? if so, how?
I’m still getting the runaround from DWP - the Risk Review Team dealing with these situations told my client they’re very busy and he’ll just have to wait, even thoughhe’s had no payments for 2 months. Our DWP partnership manager can’t get anywhere either so is escalating internally…. seems to bear out previous press reports of massive fraud when the ID restrictions had to be lifted.
Am going to advise client to pursue the police crime ref / Action Fraud and contacting MP route as well.
Colleague Sarah got confirmation that her client got her TC’s paid today etc etc. Hopefully the local MP at your end is a proactive MP’s office!
I spoke to soon when I said that cl was having Tax Creds restored. A telephone conversation with a very helpful gent at HMRC has established that HMRC have to follow a procedure (which may involve some sort of investigation of their own) before TC can be reinstated. This seems a bit counter intuitive,how would HMRC investigate something that was done to UC, surely its UC’s responsibility alone.
They are not able to give a time for the reinstatement of Tax Credits.
Are there area liaisons for HMRC, I’ve never needed to use one before but it might be useful now
Only just seen this Pete, was off last week luxuriating in the amazing weather we had in Dorset.
I fear without involving MP you will go around in circles, off the top of my head we have had at least 3 cases in the last few weeks.
Glad to report that when MPs office became involved the Tax Credits were restored immediately
Glad to report that when MPs office became involved the Tax Credits were restored immediately
Yay!
Revealing though the lengths we have to go through!
Just had another , identical, case. Anyone else seen more incidences?
Colleagues report a couple of others.
Extract below from an email from a colleague on apparent HRMC process for reinstatement in case of fraud
‘Process is that DWP has 14 days in which to notify HMRC that the UC claim is fraudulent and that WTC should be reinstated. If DWP do not pass on this information after that time – and client has provided a Crime Report number – HMRC’s ‘Joint Enquiry Team’ (JET) will send a chaser to DWP. (This is interesting because previous HMRC contacts have implied that they are entirely dependent on DWP to initiate the reinstatement )
Once confirmation received from DWP, JET advise HMRC’s ‘Transformation Team’ who add client’s name to the ‘STC’ spreadsheet (acronym not explained…) and then back office call client to reconfirm their details e.g. income for current and past year. If client not contactable by phone, they send a letter requesting client to call them ( contact number quoted *****************).
Once HMRC are happy that claim can be reinstated, they raise a request for a manual payment – these can only be done for 4 week periods. At the same time their technical department are informed so that subsequent payments should be made in the normal way.’
Colleagues report a couple of others.
Extract below from an email from a colleague on apparent HRMC process for reinstatement in case of fraud
‘Process is that DWP has 14 days in which to notify HMRC that the UC claim is fraudulent and that WTC should be reinstated. If DWP do not pass on this information after that time – and client has provided a Crime Report number – HMRC’s ‘Joint Enquiry Team’ (JET) will send a chaser to DWP. (This is interesting because previous HMRC contacts have implied that they are entirely dependent on DWP to initiate the reinstatement )
Once confirmation received from DWP, JET advise HMRC’s ‘Transformation Team’ who add client’s name to the ‘STC’ spreadsheet (acronym not explained…) and then back office call client to reconfirm their details e.g. income for current and past year. If client not contactable by phone, they send a letter requesting client to call them ( contact number quoted *****************).Once HMRC are happy that claim can be reinstated, they raise a request for a manual payment – these can only be done for 4 week periods. At the same time their technical department are informed so that subsequent payments should be made in the normal way.’
Another development, the lady who my original post a was about has today received a letter from Companies House to inform her that she has been registered as a Director of a Limited Company in Chester. Needless to say she has never heard of this company and certainly didn’t consent to being a director. She’s contacting Companies House about this - its a new twist?