So confused please help! ( Child tax credit repayment)

[Captainkes]

I'm looking for information regarding repayment of benefits.

 

My mother has been the primary carer of my nephew for the past 6 years, as he was placed with her through social services due to mental illness. This meant she was entitled to certain benefits; (child benefit, child tax credit, foster carers allowance and working family tax credits) or so she was told at the time. She has been receiving these payments no problem what so ever and recently was granted special guardianship.

This meant that the case had recently been reviewed, and as a result, has now been informed that she was not entitled to most of these payments and will have to pay them back.

 

She has always declared everything on her tax forms and has never been informed that she was not entitled to these, and when she questioned the various agencies involved as to why they didn't pick up on this before, has been told that "they never checked until now".

 

I was wondering if there was any law or previous case to say that as she never defrauded them or misrepresented any information, that she should not be required to pay the money back. The money was claimed in good faith and went a long way in covering the cost of bringing up my nephew. On a rough calculation, it looks like it will be around £20,000 mark if she is made to repay the money!

 

If anyone knows of a similar case or has any other information it would be REALLY appreciated,

 

thanks.

[Aviva]

Don't have any personal experience with this but this info might help:

 

http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/tax-credit-overpayments/

CAB Overpayment of tax credits.pdf

HMRC Tax Credit Overpayment.pdf

[rebel11]

Hi Cap

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[bizzymum]

Hi, I am in a similar situation to your mum, I have a special guardianship order my youngest child who I previously fostered,

there is so much conflicting advice regarding entitlements/ allowances etc. it is really difficult to understand what you are/are not entitled to.

My situation is different from your mums I was claiming Income Support under the old rules wherby allowances for children were lumped under one sum

I informed IS of SGO and they said there would be no change in my benefits, when my oldest daughters turned 16 everything changed and I needed ,to claim CTC when they started college, I think this is when the mistake accurred as my youngest was included in CTC claim when info was transferred from one benefit agency to the other, I admit I find the rules confusing and complex . but I assumed rules around SGO would be the same as Income Support

and that SGO allowance is disregarded.

Sorry I cant give any advice but thought it might help to know your mum is not alone in her situation, however if it is benefit agencies fault surely your mum will not have to repay. Hope you get a good result soon.