HMRC investigating me as a home edder, all help appreciated.

[JustGettingOnWithIt]

As per title, I have been selected by compliance operations, yippee let the stress begin.

Anyone with any bits of knowledge or experience?

Investigation will all centre around what HMRC call ‘approved full-time non-advanced education’ of which only the A level part of his education , is definitely counted as ‘approved’.

HMRC define full time education as ‘taught or supervised an average of more than 12 hours a week during term time.’

We’re way way over that, but our term time won’t be theirs, neither will our week, with Sat/Sun often longer study hours than weekdays, and we work through most of July August, he also only sits the exam if he feels able. (SEN)

They want letters from school/college/training provider showing ‘start date, course title, qualification to be achieved, hours of attendance per week.’

We’ve got one online provider of 3 hours weekly, but the majority is me and him and a lot of books, websites, and other resources we work from.

They want these letters to be from April 13 to April 14 and to add to the fun we were doing AS or A2 subjects up to June/July, (he took 3 A2’s in summer) then finished one A2, added a new AS, and changed which subject we had 3 hours pw online support for.

I really didn’t need this Christmas present and on one hand I’m quite capable, on the other I’m already fighting legal battles, and am ill, isolated, and worn down from constant scrutiny and battles, and need to get this right first time.

(He does have a SEN statement but that's one of the current legal battles, and I think it will confuse issues as we're legally running on last years while we argue about the content of this years, and am not prepared to let them have the original as if it goes awol that's that battle lost)

I have to talk to them tomorrow.

Any ideas?

Tomorrow, gosh! What a pain.

Fiona has quite a bit of info on it here: edyourself.org/articles/welfarereform.php#childtaxcreditpost16homeed

If I remember right from what I have read on email lists, home ed folks who have been through this often emphasise that you need to ensure you are talking to someone in the correct department, someone who specifically deals with home education. And that the safest course of action is to write rather than risk talking to some numpty who doesn't actually know how the regs apply to home ed. Apparently even if you get unlucky, it should be possible to resolve it ultimately, but they have a bad habit of suspending the benefits first and making you appeal to get them back. I'm sure that is a hassle you don't need.

Good luck!! Sorry I can't be of more help.

Thank you for the links tips and and info that others have been through it and survived.
Unfortunately it's unlikely that I can the compliance investigator changed to one from the dept that deals with home ed, but will give it a go.

Even so, perhaps it will help if you can have some of the relevant documents open on your computer for when they call, and then you can quote from it? "Well, the statutory guidance document dated such-and-such says that doesn't apply to home educated children. Do you have that document in front of you? Could you transfer me to someone who is familiar with home education please?"

Hope it goes OK!!

Update for anyone who may face this fun later.

I got to first speak someone and their manager who had to have it explained that contrary to what they believed there wasn't a person who'd given me 'permission to home ed', and neither was he registered with anyone proving he was taking the next set of exams because exam registration is Feb 14, and we're in Dec 13.

Finally (18 calls!) got through to a compliance officer who is satisfied that we are genuinely home ed and in ‘approved full-time non advanced education’ and in compliance with the rules regarding it, and was happy.

But, because of a supervisor or colleague’s misinformation, is then being wrongly told to apply the rules regarding ‘extension of CTC to someone who has left full time education or training recently’, to cancel it out and say he’s not in compliance, despite it being pointed out to them that those rules pertain to students that have left, not students that haven't.

A compliance team manager has since called back to claim their guidance states they should apply the rules of students who've 'recently left home ed' to student's 'in home ed.' It doesn't.

They are now off up the chain of command.
Arggghhh!

There is no guidance of later ‘cancelling out’ scenario’s, using rules from other 'no longer in home ed' situations, they're either home ed in approved full-time non advanced education and compliant with those rules pertaining to it, or they aren’t. It isn't rocket science, and unless there's a new law, you're not allowed to make up legislation but they seem to feel they can.
They will call us back.

Hi

I'm relieved someone linked to my site before I read your post, impressed you persisted through those 18 phone calls and horrified that HMRC can't sort themselves out.

Is this something your MP might take up on your behalf?

Doubt MP will be interested, but it's a thought.

I've made a formal complaint this morning, including about their handling of our affairs, because if what they’re now saying is true that they are able to use legislation about people leaving education, de facto on people staying in it, even though their rules don't say that and their legislation team gave us the go ahead, then we’ve effectively been set up to break the law, and the result is going to literally bankrupt me.

You can ask your MP to take it up with the relevant Minister. He/she will have to get an answer for you. Also either you or I can contact Graham Stuart MP who is Chair of the All Party Parliamentary Group on Home Education who will look into it.

Crikey, you have been through the wringer! That's appalling.

I hope it will be cleared up soon. It sounds like they messed with the wrong person!! Still, I am sure this is a hassle you can do without.

Saracen they messed with someone who can be very fierce about things but pays a huge price each time, and thought she was close to the home run before first the LEA, and now HMRC, chucked spokes in the wheels.

We came into home ed in a legal battle and I really don’t want us to end it in one, I want a happy peaceful successful ending, not having had to always fight our way through to afford to do it.

Thank you Fiona,
If it comes to it I will have to. I have to put myself first, but I'm keen for all of this not to end in a change in legislation to make life easier for HMRC and make what they've been doing legal, and close doors behind us on other low income home edders.