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Thread: has your working tax credit been wrongly stopped?

  1. #1
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    Question has your working tax credit been wrongly stopped?

    Having reprorted a claim for ESA my WTC was stopped. When I asked why I was given a false reason (they said that I had told them that I had ended my employment which I had not done) and was told that I needed to make a new claim when I returned to my job. I believe that I would have lost my disability premium if I had have done so meaning that I would have had to work for 24 hours instead of 16 to qualify (my disability premium relates to returning to work after being on long term incapacity). I held out for many months and eventually forced the TCO to reinstate my payments (after getting my MP and the Chancellor involved). At present I have made a very serious complaint to the Adjudicator's office and am considering legal action against HMRC for libel and discrimination, they are aware of this. Is there anyone else out there who has been fooled into making a new claim for WTC and found that they needed to find the extra 8 hours in order to qualify? Any other similar cases would add weight to my potential legal case and could possibly result in making HMRC reconsider other similar claims that may have been wrongly rejected.

  2. #2
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    HI davewhit;47419. I can assure you that my WTC was deliberately and wrongly stopped.

    Quote Originally Posted by davewhit View Post
    if your married no children its 30 hrs married with children its 24 hrs and disabled 16 hrs

    disabled returning to work................lasts so long then new claim would be needed don't know how long

    but this does not have to be a case of he said she said I never called because ALL CALLS are recorded


    all that said if your getting esa your not working ? and esa CB would count as income against a CTC claim

    IMO the reporting of ESA would by default (depending on partners if you have one postion) stop tax credits claim

    I cant see any libel here and a very good chance your tax credits might be paid in error

    this will get sorted as the adjudicator will and can ask for the recordings, if you called and said I am now on esa that will IMO be taken as your not working and off sick ........ returning to work might not stop disability premium there are a few ways to claim that.

    so do you have a partner ? what hours do they work ? are they disabled ? do you have children at school ? why did you claim esa

    what grounds did tax man give for starting claim again
    I claimed ESA for a period of sick leave as my employer could not pay SSP as I only work 16 hours. The TCO (HMRC) ended my claim saying that I had told them that I had finished my job though I had done no such thing. Although my mental health disability is still ongoing my disability premium is due to my returning to work after long term incapacity. If I had made a new claim as told to do I would not be entitled to a disability premium as I would not be making a new claim from long term incapacity and so would need to work 24 hours to qualify as my wife does not work.
    I can assure you that I am entitled to WTC and that HMRC only agreed to reinstate my payments when I threatened legal action to force them to put my case before a Tribunal.
    I certainly hope that you are right about the Adjudicator having the power to demand copies of my telephone calls as it is information within these recordings that will prove that HMRC have libeled me in a report to the Adjudicator.(I have demanded copies from HMRC but they have refused to comply, I have also requested that the Adjudicator also make a similar demand. I can assure you that HMRC have been less than truthful to myself, my MP and now to the Adjudicator.)
    I am looking for similar cases as I believe that HMRC may have deliberately targeted me in order to force me into having to work more hours in order to get WTC. If I am correct then it is very possible that they must have done the same to others who may have taken the bait and made a new claim when returning to work only to find that they had lost their disability premium. It would then be too late for these poor souls to argue a case as in putting in a new claim they would have legally agreed that their original claim had ended.
    I am not just hoping for the support of others to help with my potential legal case, if I can prove the deliberate discrimination against me because of my mental health disability, then I hope that others who may have lost out by taking the bait will be able to force HMRC into reconsider their claims.

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