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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

That I ruined our lives by one mistake with DWP/HMRC

34 replies

Justworried20146 · 22/01/2019 23:02

I bane changed as very outing.

It’s a long story and I am prepared to be flamed.
Daughter was born with very very complex needs at this point I had never been on benefits before and knew very little about them. Here is the time line of what happened

( 2014 ) Daughter came home on oxygen and feeding tube was granted HRC from Dla
I got child tax credits with disability element to.
Daughter was admitted back in to hospital after going in to mutiple organ failure and so I never renewed dla as at the time if they were going to be in for a certain length of time you couldn’t claim.
( Shortly after which I didn’t know the rules changed to allow you to claim when in hospital do )
We never left hospital for 20 months.
When I renewed tax credits I asked on phone if I needed to update about Dla the man said no just income support etc as they can link the other things. Ok so confirmed I was still on income support.
Renewal comes in and payments hasn’t changed at all so still receiving disability element. ( I assumed this was fine )
No one informed me that we were allowed to continue getting Dla in hospital.
When we finally went home I assumed the rules were the same about not getting Dla whilst in hospital ( I wasn’t also not receiving carers ) because daughter was unstable I never re applied as it would be starting and stopping all the time we were still in 60-70 percent of the time at home the other times.
So anyway trying not to drip feed last year it was about August time I got a letter to state that they had been informed daughter was not disabled since 2014 instead of giving us an overpayment at the end of the year and reducing tax credits they stopped it all instantly and done it as we had been paid all we were entitled to that year.
Basically they calculated our entitlement for that year without disability element, then checked what they had paid us with and stopped payments until the end of the tax year.
I was told by benefits charity I could ring and ask them reinstate normal tax credits and then have an overpayment ( to pay back ) at the end of the year, however the lady in the phone when I rang said no you have had your entitlement and that’s that. ( ok I get if it was my mistake )
Anyway we were then left with 20 pound a month child benefit and 110 pound a fortnight income support ( we live in London and I pay towards my rent )
We were then nearly evicted and my daughter has pumps / fridges / machinery running all day and night plus gas in the winter on 24/7.
I put in an application straight for Dla which took a while etc and was then turned down, we fought it after months and was allocated HRC.
I then at the end of the tax year got hit with a 7k over payment from 2014-2016.
There was also due to the law change in Dla in hospitals meant to be Information in change sent to anyone who flagged on the system but me and a lot of other people was not informed. So actually since 2015 I was underclaiming 340 a month but because Of this no worries owe thousands.
Last year I had to lend a lot of money to pay the rent / gas / etc etc basically for us to survive and for me to eat when we were in hospital.
Which now I have Dla and child tax credits ( with disability element ) I am paying back monthly plus paying the debt to child tax credit back monthly Which is still leaving us is default every month. Especially the winter months.
I managed Xmas and birthday only because my DD was given toy vouchers by a company because of an advert she did.
But I feel like I’m worrying every day !
AIBU to fight this over payment or am I’m just being stupid because it was all my fault and I’m bloody stupid idiot.

OP posts:
ShinyPinkLipgloss · 22/01/2019 23:08

I think it’s best if you contact a benefits specialist at your local citizens advice bureau. A friend of mine had similar issues and they intervened and got it all sorted out.

Awwlookatmybabyspider · 22/01/2019 23:15

Tell HMRC basically what youve told us. They can't leave you in poverty. If you're having to borrow money to pay for basics such as gas and food.
That clearly demonstrates you cannot cope with the payment plan you have.
They can't reduce the amount you owe but the should be able to reduce the weekly cost and make it payable over a longer period.

Justworried20146 · 22/01/2019 23:18

Aww it’s not then so much that’s causing it ( last year it was ) I tried ringing and writing exactly what happened and they just kept saying basically I was lucky I wasn’t being investigated for Fraud which then made me worry to fight it
Because I had no intention of committing fraud in the slightest.
I have done a hardship form thing on the manage tax credits which they told me to but it was declined because I get sufficient amount of money now....

OP posts:
Flowerpot26 · 22/01/2019 23:19

I don't have any advice about the money stuff but just to say I hope your daughter improves and life gets easier you sound like a great mum, try not to worry! Hugs! Xxx

Justworried20146 · 22/01/2019 23:19

I suppose that is my biggest worry is that they would accuse me of doing it on purpose when I didn’t she genuinely has been disabled since birth.

OP posts:
Justworried20146 · 22/01/2019 23:20

Thankyou flowerpot think I just needed to rant 🤣I do try my best but I just think I keep hitting brick walls !

OP posts:
gottastopeatingchocolate · 22/01/2019 23:22

Citizen's Advice Bureau should be able to help you.

You need specialist advice, not mumsnet.

poshme · 22/01/2019 23:24

Try contacting your MP. Sometimes they can cut through admin to solve this sort of thing.

Justworried20146 · 22/01/2019 23:24

Gotta I have contacted everyone I can. But got in to a state tonight so thought I would have a rant for support.
It’s daunting having to fight things like this on your own with no one to talk to about but Thankyou for your kind message.

OP posts:
Userplusnumbers · 22/01/2019 23:36

I wouldn't worry too much about a fraud investigation, you were receiving payments tgat you were entitled to, so you didn't actually commit fraud

searose · 22/01/2019 23:37

Sorry you are going through such a tough time. I agree with contacting your MP we did that when we found we were getting no where and he was great. I hope you manage to sort it all out. Good luck

Itwasbestoftimesworstoftimes · 22/01/2019 23:39

Didn’t want to read and run. I hope it all gets sorted. My heart goes out to you Flowers xx

GreenTulips · 22/01/2019 23:42

I would also suggest your MP that’s what they are therefore - take as mich paperwork as you can including photos of DD equipment storage and heating bills doctors notes etc

Write down a simple time line with claims made etc

Giraffey1 · 22/01/2019 23:45

What did citizens Advice say?
Your MP would be a good source or support - they can sometimes stir things up for us mere mortals!

puppy23 · 22/01/2019 23:45

Don't have any good advice to give - just sending love to you and your daughter

Justworried20146 · 22/01/2019 23:47

Yes I have a file of all her medical documents and supporting letters from doctors ( who are great ) tbf.
I just suppose it’s daunting I just didn’t realise I was doing anything wrong

OP posts:
Tootyfilou · 22/01/2019 23:49

None of this is your fault. No advice unfortunately but sending love to you and your daughter and hope that life improves for you both. xxx

Justworried20146 · 22/01/2019 23:49

I will book a appointment for the next available date.
The advise I have got from the benefit charities and CB is basically because - in their paperwork we were claiming disability tax credits without Dla there in paper work times I am stuck.
We now have Dla and carers. Which is obviously helping a little !

OP posts:
OlennasWimple · 22/01/2019 23:50

Citizens Advice and / or MP

You need both specialist advice plus someone who can be an advocate for you. It's hard doing this stuff on your own, and sometimes it's easier for someone different to make progress on your behalf rather than fighting your own battle, especially as you have so much else to worry about

Flowers
WunderBlah · 22/01/2019 23:53

Go to CAB, there is a possibility the hospital has a family support team could help with this. Either hospital family support, social work, or local clinic HV or community nurse can find out about any emergency support you are entitled to locally financially, call and leave messages for everyone. You need to hand this over to a specialist (CAB) because you have enough on your plate and need to focus on your dc. It isn't fair and the system is an absolute bastard. Keep records, copies of letters etc and always photocopy anything you send to them. Use the word emergency with everyone. Get over to the SN boards for day to day support Flowers

WunderBlah · 22/01/2019 23:56

You are not an idiot you are trying to fathom an opaque system in extraordinary and mind-breakingly difficult circumstances. CAB will help, they are like a dog with a bone on cases like this x

Candymay · 22/01/2019 23:58

Try not to worry. These things always feel frightening and awful but you will get thorough this and out the other side. Your citizens advice centre might be worth a shot. Good luck!

e1y1 · 23/01/2019 00:01

Yes definitely speak to citizens advice and MP.

Don't worry about them saying you're lucky you're not being investigated for fraud, I'm sure if they thought you had committed fraud, they would indeed be investigating you.

I'm sure they make it confusing to put people off claiming what they're entitled to.

Speak to CAB - they really will help you I'm sure.

Justaboy · 23/01/2019 00:01

If theres any justice in this world I hope someone sorts it all out for you seems its been hell for you with the poor little one.

SisterOfDonFrancisco · 23/01/2019 00:02

It definitely feels like a constant battle. We were told we'd have to pay back nearly £5k even though the overpayment was their fault and we'd always given them the correct info and updates on time. It's so frustrating.