harvey111
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Could somebody please clarify if you wouldn't mind. Parent received renewal form, and is currently repaying 25%. Renewal has an extra piece of paper stating if income over £20,000 repayment will be 50%. Is this amount before the tax credit amount or after it, meaning will income for 50% be taken off after total income (including tax credits) or before? Many thanks.
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Repaying tax credit overpayment & loss of income
harvey111 replied to harvey111's topic in Benefits and HMRC
Apologies, should have made myself clearer. I am asking on behalf of a younger family member. -
Child will not be receiving DLA or the disability elements of tax credits so huge loss of income there already, parent could just about manage yesterday told about repaying an overpayment (this is on top of the current amount being repaid) to another tune of over £50 per week. Parent asked for reconsideration yesterday about this added repayments but not informed of result yet. When DLA does stop parent will be losing approx £800 per month, this is without this added repayment. It's not a problem at the moment but will be very soon, household income will dramitically be cut. Leaving no disposable income, just about bills will be paid. Parent understandably very very very concerned. Tax credits can ask for proof of income I assume and whilst it's ok to provide this at moment as income ok, within a month this income will be reduced a great deal. Will HMRC possibly look at this again. Child extremely upset so there can be no intention of forcing medical assessment, please advise. I am wondering if parent could enlist MP for help dealing with HMRC?
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Can ATOS Decision Affect Previous DLA Claims
harvey111 replied to harvey111's topic in Benefits and HMRC
Child refused home visit after getting very distressed and embarrassed. Parents ok about DLA/PIP stopping. ATOS refused paper award. Parents informed ATOS that child would not have either a centre or home visit. When ATOS informed they asked if parent wanted transferring to DWP, parent said no, not at the minute but was advised later by DWP that if no valid excuse then DLA payments would stop without notice, but parent understood that payments would be made at least 4 weeks in arrears then by a very rude member of staff. parent did not identify either child or themselves, is this not the case? Payment due on 8th March. One parent suffers from OCD, so would need to know payments expected. How soon does it take for ATOS to inform DWP? ATOS were informed that parents realised that claim would end. Also, please advise when to inform HMRC that child would not be receiving DLA? Any advice would be most welcome. -
Can ATOS Decision Affect Previous DLA Claims
harvey111 replied to harvey111's topic in Benefits and HMRC
Thank you, yes child still in education so there is a strong possibility that school could help if needed for evidence. -
Can ATOS Decision Affect Previous DLA Claims
harvey111 replied to harvey111's topic in Benefits and HMRC
If PIP not awarded, can ATOS/DWP look in to historic claims to see if they met the critera? And if previous claims do not, will that mean fraud? Quite concerned that all monies would need to be repaid. Child and family have never been asked for proof of the symptons, so I am assuming that at some point they have contacted GP for claification? Though GP doesn't help with symptoms, everything is dealt with by family as there is nothing the GP could do to help. -
Can ATOS Decision Affect Previous DLA Claims
harvey111 replied to harvey111's topic in Benefits and HMRC
Could someone please clarify for me that because the GP MAY not confirm that there has been a diagnosis, that the filling in of these forms does not constitute fraud by definition. All relevant information has been stated in this claim, as it was on previous year's claims for DLA. How would proof be made available to DWP? After spending the last few hours scouring this site, I am led to believe that the onus would be on DWP to prove that the child does not meet the requirements for PIP, rather than the family proving that he does? As stated before, there have been numerous awards for DLA, which I would presume have needed clarification from the GP, rather than the DWP just sending money to someone without first checking that the said person is entitled to receive DLA. -
Can ATOS Decision Affect Previous DLA Claims
harvey111 replied to harvey111's topic in Benefits and HMRC
Sorry to bother you again, but stated that DLA will continue to make payments until after the decision is made, so if payment on 12th is for the fours weeks previous and the one in February will again be paid in arrears (for monies owed in January, then he will still receive the payment in February as its 4 weeks after they made the decision Sorry, should have said that the February payment is an important one. so would like it clarified that he will receive tthat payment -
Can ATOS Decision Affect Previous DLA Claims
harvey111 replied to harvey111's topic in Benefits and HMRC
Thank you, I don't think child would mind having a home visit. But it would have to be with a parent in tow. So the payments are in arrears so to speak? -
Can ATOS Decision Affect Previous DLA Claims
harvey111 replied to harvey111's topic in Benefits and HMRC
Apart of me is concerned that if the GP's correspondance with Atos , that the GP might say, as he has done with the other issue, that there is no longer anything showing as a complete diagnosis. The GP (apparently) has no remaining records of that time. When somebody called the receptionist referred it to a GP who said he couldn't find the original diagnosis and if the GP now gives the evidence to ATOS and they could request that all of the years of DLA will have to be paid back. With this childs disability he doesn't/hasn't needed to attend an appointment with relation to his disability, there is nothing they could do for hme really His records do have mentions of the disability, just not the actual first diagnosis. So I asked if it was possible that ATOS/DWP look at historic claims and claim they were false. Obviously they weren't, all forms filled correctly and throughly, and I assume at some point during the yearly claims would have contacted GP for confirmation. So there must be some records. Surely DWP would not award such monies without the need to contact a GP? -
Can ATOS Decision Affect Previous DLA Claims
harvey111 replied to harvey111's topic in Benefits and HMRC
Will search this site this evening and try and get as much knowledge as I can, many thanks. -
Can ATOS Decision Affect Previous DLA Claims
harvey111 replied to harvey111's topic in Benefits and HMRC
Thank you, am now reassured. Atos called as they had cancellations but child refused to go. They asked about a home visit, and were told it needed to be discussed with child, was then asked to call back to confirm a home visit, which did happen but within a couple of days letter was received informing that they were writing to GP. I am also wondering when payments will stop if they do stop, next payment due on 12th so I expect that will be received, but next one due on 9th February so unless paid in arrears that won't be received. How long do these procedures take? -
Child diagnosed with a disability at age 4, made a claim for DLA a few years later and has been receiving it to date, child now 16 and has made a claim for PIP after being invited to. With an unrelated issue, contact was made to GP to ask proof of disability, GP's can't find medical notes so were unable to help, all records computerised, there are notes relating to his disability though not an actual diagonsis - child has very rarely seen GP and his difficulties have been dealt with by his family. Fast forward with regards claim for PIP, child would not go to an assessment so Atos writing to GP. we understand its going to be very hard to get PIP, so are not holding out much hope - it's not a problem. Now to my question, if GP can't provide confirmation of diagnosis, can Atos/ Decision maker ask that previous DLA awards by repaid? Forms have always been filled in correctly and child has never been asked to attend an appointment for assessment prior to this, we assumed DLA would have already contacted GP, especially given the amount of times the award has been issued.
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Thank you Blonde Bubbles, you have reassured me in some way. Like I said, she did have a compliance check when all of this was explained and no further action was required so we shall just wait and see. Her business is viable, she is making a profit, albeit a small one, but I think records now need to be kept. I am sure, if checked, medical evidence can be provided if need be - as in a job working with other people would be difficult and would mean her leaving the house which at the moment she cannot do. Her medical assessment from Atos agreed with this.
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So it's not set in stone that she will have a compliance check when renewing her claim. I think she needs to start taking records of her self employment and possibly look to not claim either ESA or WTC, but that is something for another day. I just need to reassure her that she isn't going to lose anything in the short-term.
