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Can they really do this???

Benjimoron Avatar
8y, 9m agoPosted 8 years, 9 months ago
I get child tax credits from the government, about a year and a half ago I was signed off work for stress and ended up having to give my job up. All this happened when I was supposed to be giving my final annual pay figure to the tax credits people. I wasn't really in the frame of mind for it and totally forgot to do it so they stopped paying my tax credits, fair enough as they didn't know how much I was due. I provided them with that figure (although a couple of months late) when I was in a better frame of mind. I just got a call from them yesterday demanding that I pay back my whole claim for that year because I got my figure in late!!! I thought it was fair that they would stop paying but to then say I wasn't eligable because I got a figure in late is a joke isn't it??? It's not that I earnt extra and wasn't entitled to it, the only reason they want it back is because I didn't get a figure to them on time.

They didn't even set a deadline for me to phone back with the figure so I can't see how they can say I was late with it.
Benjimoron Avatar
8y, 9m agoPosted 8 years, 9 months ago
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banned#1
Without a claim, no credit is due. Furthermore, claims can only be backdated for a maximum of 3 months. Therefore a claim for Child Tax Credit for 2006/07 must be made by 5 July 2006 in order to ensure no entitlement is lost.
#2
Quick search reveals:
Do I have to pay any penalties?
As well as paying back any overpayments, you could be subject to a penalty of up to £300 if you do not tell us of certain changes within one month. By giving us a ring on 0845 300 3900 we can update your information together and avoid extra penalties
#4
When are penalties charged?
You'll only be charged a penalty for claiming too much tax credit if you've:

carelessly given wrong information
failed to give full details of your income
failed to report a change in your circumstances that would affect your tax credit award
HMRC can charge you a penalty of up to £300 if you don't report changes in your circumstances. And there's a penalty of up to £3,000 for each claim if you haven't told the truth or you've been careless about giving correct information.

Source: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCreditsandChildBenefit/TaxCredits/DG_10022582

You're going to have to ring them in the first instance by the looks of it.

Good luck :)
#5
They phoned you up to tell you this? Isn't that a little strange? Isn't this something that would normally be done in writting so that you can see the figures involved and have a record of it to keep/refer to? :thinking:
#6
Final thought.......................

Doctor's letter may well carry a fair bit of weight in this circumstance, assuming you were under the doctor ?
#7
csiman
Without a claim, no credit is due. Furthermore, claims can only be backdated for a maximum of 3 months. Therefore a claim for Child Tax Credit for 2006/07 must be made by 5 July 2006 in order to ensure no entitlement is lost.


I had already made my claim and was being paid. They wanted my final income figure and with everything that was going on I didn't get my figure in until "too late", although no-one told me that there was a time limit. I knew I wouldn't be paid anymore but I didn't think they could take back what had already been paid. I was surely still entitled to it???
#8
nightswimmer
They phoned you up to tell you this? Isn't that a little strange? Isn't this something that would normally be done in writting so that you can see the figures involved and have a record of it to keep/refer to? :thinking:


Apparently have written several letters but it was news to me.
#9
hottoshop
Final thought.......................

Doctor's letter may well carry a fair bit of weight in this circumstance, assuming you were under the doctor ?


Good advice, thought I might go down that route. I was signed off for several weeks and visited again about six months later for the same thing so it's fair to say that it had an impact.
#10
hottoshop
When are penalties charged?
You'll only be charged a penalty for claiming too much tax credit if you've:

carelessly given wrong information
failed to give full details of your income
failed to report a change in your circumstances that would affect your tax credit award
HMRC can charge you a penalty of up to £300 if you don't report changes in your circumstances. And there's a penalty of up to £3,000 for each claim if you haven't told the truth or you've been careless about giving correct information.

Source: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCreditsandChildBenefit/TaxCredits/DG_10022582

You're going to have to ring them in the first instance by the looks of it.

Good luck :)


I haven't given incorrect info or lied. Potentially they could say that not giving the figure quickly enough (even though I notified them of the change) could be worth a £300 fine but they want over £700 back!!!

What annoys me more is that because of all this I missed out on about half a year's claim because they then didn't tell me when I gave them the figure that I'd have to re-apply so I've missed out on about a grand that they would've paid me!
#11
this can be a minefield of an area - I would recommend speaking to your local Citizens Advice Bureau (you can find these using [url]www.yell.com[/url]). There are so many clauses and loopholes, they can give best advice on how to deal.
#12
What a nightmare :w00t: - most of these goverment departments are actually, you only have to see the amount of airtime on radio and TV these subjects are given as people up and down the country struggle to understand the system and rules etc. The CSA lark is the same from what I hear.
#13
Hi Benjimoron,
you might well be right but it doesn''t seem to matter to them. I'm still waiting for them to sort my claim out form 03/04! I also was called over the phone asking when I was going to pay it back (mind you, that must be over two years ago!). Mine's allegedly wrong as they told me I' d updated info via their website but in erroe they had calculted that uyear form the info from they ear before, then beacuse I didn't fill two year end forms inI still owe them! What a joke! By the way - it's £7500! ha-ha. That's every penny I had that year...and they made the mistake...and now they say ~I owe them..................Good luck, hope yours is sorted sooner than mine.
#14
Hi, the tax credit system is a very complex one, and you are classed as being wrong even if they make an error. Because its so complex you may be better talking to a solicitor which has a welfare rights specialist. My friend works for one and they deal with loads of problems every week, she reckons that the majority are down to the system and errors made by the Inland Revenue.
#15
The Citizens Advice Are Great For Any Kind Of Benefit Claim From The Government. They Have Advisors Who Know The Benefits System, And It Is Free. Good Luck.:)
#16
sophie***
The Citizens Advice Are Great For Any Kind Of Benefit Claim From The Government. They Have Advisors Who Know The Benefits System, And It Is Free. Good Luck.:)


Is there a phone number? Can't find one.

edit got one

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