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EagerElephant

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Everything posted by EagerElephant

  1. Which group is your wife in - either Work Related Activity Group or Support Group? I know about the deprivation for Pension Credit but not sure if they care for DWP benefits.
  2. I am aware of this but what I was trying to say is that the OP will already have the disability premium on his claim as his |Income Support award takes into account his wife's DLA and ESA. But for ESA she will get an extra amount for the group she is in and if ESA stops then she will lose that so they may actually be worse off.
  3. I think you need to go to a CAB or Advice Centre and ask for a better off calculation. If your wife stops her ESA claim and you put her on your claim then you will lose her WRAG or Support Group element which is between £30-£35 per week (depending on the group she is in)
  4. I suggest you decide where you want to love and then look at that Local Authority's website to see what the maximum amount of help you would get. The rates for the amount payable is set once a year. Then they should also have a calculator to work out how much you are entitled to based on your wages. There is point renting a house for £500 per month if Housing Benefit would only cover a maximum of £350 (if you were on JSA, ESA etc) otherwise you will have a massive amount to top up. Is your job transferring with you? If not then you will need to think about claiming JSA if you are looking for work.
  5. If you claim PIP (previously DLA) as your condition is clearly quite disabling then that would allow you to get the disability element of Working Tax Credit. No one has to work more hours than they can physically cope with - you need to find ways of reducing your outgoings so you can afford to survive on less wages. I am not sure that you will win at appeal as the award notices clearly state the disability premium as part of the make up of your award and we all know that you should read your award notice thoroughly. It is your responsibility to check if everything is correct. I agree with scotgal that you haven't got a hope in hell of being awarded compensation.
  6. The letter to say they will write shortly is just a standard letter - they send the originals back as quickly as possible but the actual assessing takes time. I am not 100% sure what they will do about the new childminder - you normally only have 4 weeks to report a change, if you don't they won't accept the information unless it is in their favour. The thing is you cannot change it now so stop worrying - the worst that will happen is you will have an Overpayment and have it deducted back out of your award.
  7. If you had no earnings for the year and were not self-employed then you do not need to inform HMRC of anything. For last year they will just have you down as £0 income with £0 tax paid.
  8. Hi mercury Have you had a letter from HMRC or has this just been playing on your mind? What other benefits do you claim?
  9. Usually the DWP write to you and send a form asking you to clarify your situation and they will then assess you for incoem based ESA.
  10. If you gave up worki and moved on to ESA then you are only entitled to the WTC run on for 4 weeks - the 28 week figure is if you are off sick, receiving SSP and still employed. As soon as other benefits come in to it you are not entitled to WTC. I think your OP is from a different period. Make sure you get this sorted asap as Tax Credits can now deduct from benefits so although you are saying you cannot afford to pay it back they will just take it off your ESA @ £10.65 per week.
  11. I think you should ask for it to be assessed using notional offset - you will have to provide info on his earnings for the tax years they are looking at. If you owe thousands then nothing can be done about it - to be honest it is the not knowing that is the worry for loads of people - once they know what they owe they can arrange to pay it back. Some people on other threads have owed £30k+ and they are paying back £50 per month. In an ideal world you would clear the debt as quickly as possible but if you don't have the money they have to take what you can afford to pay.
  12. Hi Mrst1 Stop panicking - it will all work itself out in the end. The penalty of £1800 you received is an admin penalty which is worked out at 30% of the total overpayment. Please bear in mind that the admin penalty incurs interest at 3% so make sure this is paid off before the overpayment otherwise the £1800 will be much much more. If you speak to Overpayments they will claim that you have to pay them as much as the admin penalty are getting but you don't. You could try asking for notional offset which is where they look at the situation as it was to see if the Overpayment can be reduced if as a couple you would have been entitled to some Tax Credits. There is a slight issue with this in that if it was caused by fraud or deliberate error they don't have to apply it - I am trying it for one of my clients as she would actually have received more if she was honest about her partner living with her!! I don't understand why you have taken your husband off the joint account and the council tax - it was only advised on here for people that were NOT living with a partner/husband as evidence that he was not there. Fromo reading your post I think your husband is living there so there was no need to do that.
  13. Did you see this nik1ki? http://www.hmrc.gov.uk/taxcredits/start/claiming/income-hours/work-out-hours.htm It does say there about what makes up your hours? If you are not happy with the Overpayment have you appealed the decision (not just asked for it to be looked at again)? Compliance make up the rules as they go along. Once you have appealed if they don't agree it has to go to Tribunal and they look at all the facts etc - much better IMO.
  14. The DWP will not be there unless the letters says they will. Do we know for sure it is about the partner - did they confirm this? The fact it is HB/CTB only implies that maybe there is a problem with the tenancy - who is your landlord? Or maybe they are going to treat your ex as a non-dependent (someone above said this) which is why they haven't involved DWP.
  15. Maybe they genuinely don't know - maybe it is a system error. If you were being investigated by compliance they will tell you and give you the number to ring so it isn't that. If you are short of money you need to find out about the local welfare assistance scheme in your area (no longer have crisis loans) and ask them for a food parcel etc.
  16. I'm sorry but I think you are scaremongering - HB/CTB have to use a common sense approach when someone does not disclose their income such as a non-dep. If they have the ex-partners bank statements they are going to see he has no income and unless there is any concrete eveidence that he works they will have to put him in as nil income. HB/CTB will try to used assumed maximum income but it is an easily appealable decision which I have done on numerous occasions.
  17. Just to clarify that any Overpayment of HB/CTB has to be relooked at using underlying entitlement rules which means they input the new circumstances (ie possible partner) and recalculate so DMM will not be out of pocket if as she says the father of her children does not have an income. (This is is the case in all cases including fraud) Tax Credits is slightly different - they call their procedure notional offset but do not apply this to cases of deliberate error/fraud. Personally I think that people turning up with solicitors/legal representation look guilty straight away - I have never known anyone turn up with a solicitor that has then not been committing fraud. If DMM takes anyone then a friend would do just as a witness to what has been said.
  18. Not sure what the solicitor can do for her to be honest? Lat year legal aid only covered the initial interview and any advice needed if you were prosecuted. The rules have changed around legal aid and I am not sure if you can still get it for this sort of thing. The council have probably been watching the house and have loads of evidence so best not to lie otherwise they won't believe anything they are told. I appreciate that drivingmemad (DMM) is worried about breaking down but they are used to it - a solicitor cannot say anything that DMM can't. I would go in with an open mind and see what they have on me first. When they realise he has no money they won't be interested because they are targeted on prosecutions etc and as I said above it is highly unlikely there will be an Overpayment so they will spend as little time on it after the interview as possible when it won't give them the outcome they want!
  19. Excellent! Once the CB is back in payment you can write your letter of complaint.
  20. I would address it to the Jobcentre Manager at the local Benefits Delivery Centre (address should be at the top of all your letters)
  21. The bad news is that everything you have said above points to the fact you are living together - why are you not a couple? It seems you do everything couples do except the sex and HB/CTB don't care about that bit. What does his girlfriend think of him coming to yours so much? The good news is that if he does not have a job or claim benefits then he has no income of his own therefore if they added him to your claim your applicable amount would increase and you would get more HB/CTB if you weren't already getting the full amount (which you do as you are on IS) It is very unusual for HB/CTB to call you in for an interview without also having DWP there for the IS. As you know IS is a passported benefit which gets you the entitlement to HB/CTB so the council cannot remove your HB/CTB unless your IS changes hence the usual joint interviews. The problem might come with IS as you are only getting that for being a single parent which they might decide you are not and if you are a couple then you would have been expected to claim JSA. So you might get an overpayment of IS but no overpayment of HB/CTB as without IS your only income would have been child benefit and tax credits. Sorry if I am over complicating things here.
  22. Can you make a new claim asap so you are at least getting some payments and deal with the cancellation of the claim at a later date? Once a CB claim is closed you only have 30 days to appeal it so you are way out of time. Get the new claim in payment and then start with the complaints otherwise it is more money you are losing out on that might not be backdated.
  23. He cannot be your lodger as he is on the mortgage - he is a joint owner/tenant in common. What does the deed of trust say? When you claimed ESA did you note him down as living with you (not a partner?) Did you ever claim help with your mortgage or council tax benefit? You have made no mention of this plus you would have had an Overpayment of these as well so I assume not. I think the DWP have looked at you as claiming ESA but not needing any help with your mortgage or council tax which is unusual as you would have been able to claim 50% of the council tax bill and also 50% of the mortgage(although this would have been based on their own calculations). Do you know what evidence the DWP have? Without being nosey have either of you had relationships with other people while you have lived together? (It shouldn't really matter but in the eyes of the DWP it will)
  24. Do you have a Children's Centre near you - they often have Money Advisers or links with Welfare Rights team (at local councils)? You need to see someone asap to get you as much help and advice as possible before you admit something you did not do.
  25. EagerElephant

    HMRC issues

    Trust me - debts are recorded against a person and not a property - anything you read which is different to this is lies. Check Experians website under FAQ. Unless your friend completes the Tax Returns then how will HMRC know he had no income - I have known HMRC make people bankrupt for much less on estimated income/tax due so just be careful and contact them asap.
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