Post by lindak8 on Feb 7, 2011 15:43:10 GMT 1
The following is an example of work done by a caseworker helping some one through the complexities of dealing with HMRC and also the Tribunals Service. HMRC deal with tax credits and the Tribunals Service arrange independent appeal hearings
Mrs M works for 30 hours per week in an office in a care home. Prior to her employment, she was in receipt of Incapacity Benefit (IB) because she suffers from a severe shoulder injury. Mrs M now has a specially adapted chair at work and cannot do any lifting.
Mrs M has been in receipt of Working Tax Credit which included the disability element. She is entitled to this element because she was in receipt of IB immediately preceding her claim and she has a disability which puts her at a disadvantage in getting a job. (point 20 – she cannot normally sustain an 8 hour working day or a five day working week due to a medical condition or intermittent or continuous severe pain).
Mrs M received a letter from HMRC dated 12 October 2009 stating that they had made an error because they had not asked her to renew her claim after 5 April 2008. She was asked to make a new claim. When she received her new award it did not include the disability element. Mrs M immediately queried this.
The legislation states that if a claimant makes a claim for WTC within 56 days of the day the previous award ended, and in that earlier claim they qualified for the disability element, they will be treated as though they still met the conditions and can continue to receive the disability element in the new award.
HMRC have said that the appeal out of time as the award letter was sent to client in October 2009 - Mrs M maintains she appealed as soon as she could. This has been passed to Tribunals Service for a decision by a Judge as an 'interlocutory referral' - the Judge will decide if the appeal can go ahead.
Mrs M immediately queried this decision with HMRC, who did not respond in writing with an explanation until 11 June 2010 - Mrs M appealed decision within 30 days of receipt of this decision letter. This letter from HMRC actually invites her to make the appeal and now says she's out of time.
Caseworker wrote to the Tribunals Service explaining the above circumstances and detailing errors by HMRC. No response from has been received from them to date.
This matter was opened 19/8/10 and is still ongoing.
Mrs M states that without our help she would not be able to cope with challenging the HMRC or dealing with the Tribunal Service.
Welcome to Mylegal Linda8K and thanks for this post- I've moved it to this new thread from 'Justice Disappears - Advice Deserts Blossom' .
Mrs M works for 30 hours per week in an office in a care home. Prior to her employment, she was in receipt of Incapacity Benefit (IB) because she suffers from a severe shoulder injury. Mrs M now has a specially adapted chair at work and cannot do any lifting.
Mrs M has been in receipt of Working Tax Credit which included the disability element. She is entitled to this element because she was in receipt of IB immediately preceding her claim and she has a disability which puts her at a disadvantage in getting a job. (point 20 – she cannot normally sustain an 8 hour working day or a five day working week due to a medical condition or intermittent or continuous severe pain).
Mrs M received a letter from HMRC dated 12 October 2009 stating that they had made an error because they had not asked her to renew her claim after 5 April 2008. She was asked to make a new claim. When she received her new award it did not include the disability element. Mrs M immediately queried this.
The legislation states that if a claimant makes a claim for WTC within 56 days of the day the previous award ended, and in that earlier claim they qualified for the disability element, they will be treated as though they still met the conditions and can continue to receive the disability element in the new award.
HMRC have said that the appeal out of time as the award letter was sent to client in October 2009 - Mrs M maintains she appealed as soon as she could. This has been passed to Tribunals Service for a decision by a Judge as an 'interlocutory referral' - the Judge will decide if the appeal can go ahead.
Mrs M immediately queried this decision with HMRC, who did not respond in writing with an explanation until 11 June 2010 - Mrs M appealed decision within 30 days of receipt of this decision letter. This letter from HMRC actually invites her to make the appeal and now says she's out of time.
Caseworker wrote to the Tribunals Service explaining the above circumstances and detailing errors by HMRC. No response from has been received from them to date.
This matter was opened 19/8/10 and is still ongoing.
Mrs M states that without our help she would not be able to cope with challenging the HMRC or dealing with the Tribunal Service.
Welcome to Mylegal Linda8K and thanks for this post- I've moved it to this new thread from 'Justice Disappears - Advice Deserts Blossom' .