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Are you an HMRC expert? I need your advice!

2 replies

HMRChelp · 21/04/2020 23:23

Evening all, posting here for traffic.

I'm hoping someone can offer me advice.

My father was in receipt of PIP and also working tax credit. Following an assessment in Jan 2019 his PIP was stopped and his entitlement to working tax credit also ended due to this.

He appealed and the tribunal was heard in March 2020 which he won. His PIP was backdated to the date it was stopped, as it was found that it was stopped wrongfully.

He has contacted HMRC and they firstly told him his tax credits would also be backdated however they've since stated that when his PIP was first stopped, they ended his claim and they can't reopen it or backdate it as it's been too long (hardly his fault it took 14 months for his tribunal to be heard).

They've said that since it was a previous tax year they can't do anything.

It just seems so unjust that he cannot have this period backdated. His PIP should never have been stopped, this was decided by a tribunal panel, therefore his working tax should not have either. This is the 4th time he has had benefits stopped and had them reinstated via tribunal but only the first time since he first started claiming working tax credit, so no experience in dealing with HMRC. If the DWP decide to stop his claim again after his next assessment, which I've no doubt they will, does he just have to accept that every 3 years he has to miss out on a year's worth of WTC that he's entitled to? That can't possibly be true?!

I'm hoping to help him appeal this decision but wanted to see if anyone on here had been in a similar position or had any advice!

OP posts:
adelaya · 21/04/2020 23:28

We had to claim back dated tax credits when my son’s pip was stopped - he was transferring from DLA.

The appeal took around the same - 14 months. Slightly different as we still had an open claim but for the previous tax year, they sent a form we had to complete as an appeal.

It had be looked at by a decision maker and then backdated.

HappyBirthdayQueenieMarm · 22/04/2020 01:09

Its not true, they say whatever over the phone. Put the request and a copy of the decision in writing.

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