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Original poster

HELP AM I defrauding tax credits

63 replies

hayleysbabies · 07/04/2015 09:54

before i lose my mind can anyone tell me if this is fraud or not i worrying myself sick anyway im work 23 hours and im paid 24 by my employer so i can claim tax credits i then make up this extra hour im paid doing overtime throughout the year

OP posts:

chocolatelife · 07/04/2015 09:58

i dont think anyone cares about the one hour, does that put you in a different bracket?
it doesnt make more than £2,500 difference doees it?

Original poster

hayleysbabies · 07/04/2015 09:59

no but i dont qualify for tax credits on working 23 hours

OP posts:

sooperdooper · 07/04/2015 10:00

If you make up the hour through overtime I don't see the issue, you're working the required hours overall so I think that's fine

Kampeki · 07/04/2015 10:03

If you make up the extra hour that they're paying you for through overtime, are you not actually working an average of 24 hours per week in any case?

Don't know about tax credits so can't advise if that's acceptable, but this doesn't sound unreasonable.

Original poster

hayleysbabies · 07/04/2015 10:06

yes im working an average of 24 hours a week but somebody on another forum has scared me witless told me that me and my emplyer are commiting fraud to gain tax credits im so scared and upset

OP posts:

Number3cometome · 07/04/2015 10:08

If you are working the extra hour then it's not fraud. If you are not working the extra hour then it is.

sooperdooper · 07/04/2015 10:09

Ignore them they're wrong :)

You're working the extra hour that's needed so you have nothing to worry about at all, if anyone ever did ask to see records to prove it then your employer could show the paperwork to prove the standard plus overtime hours you do

Don't let this silly person worry you, they clearly don't understand

Original poster

hayleysbabies · 07/04/2015 10:16

i no but im not doing regular overtime some months i do none i just cover peoples days off for example its now april and i have only done 1 day overtime which is 8 hours and i wont have more til like summer time when people are taking their holidays

OP posts:

sooperdooper · 07/04/2015 10:18

But you do the hours overall, so I honestly don't think you're doing anything wrong :)

DelGirl · 07/04/2015 10:21

Wouldn't it be easier just to do 24?

Original poster

hayleysbabies · 07/04/2015 10:22

it would but i really dont think that my employer will let me

OP posts:

Emmaswan · 07/04/2015 10:24

Technically, yes, of course you are committing fraud as you are being put down as working a set number of hours per week you aren't actually working in order to claim money from the tax payer.

Up to you now what you do with that fact.

DelGirl · 07/04/2015 10:25

Why not? You're making it up through the year anyway.

DelGirl · 07/04/2015 10:26

I agree with Emma

Emmaswan · 07/04/2015 10:27

She may be making it up or she may not. She's just said she won't have any more overtime now until the summer.

thatstoast · 07/04/2015 10:28

I don't think it is fraud as tax credits look at the year as a whole. You'd only have to work an extra 52 hours to meet the requirements. Do you think this has happened over the last tax year?

thornrose · 07/04/2015 10:29

I am NOT an expert but, it sounds as though you are "working the system"!. I think it may look dodgy to the Tax credits office.

Emmaswan · 07/04/2015 10:29

Exactly - if you can show evidence that you have worked the 52 hours then you are fine.

Original poster

hayleysbabies · 07/04/2015 10:33

oh yes a record is kept at my workplace of how much overtime i do i will be doing the 52 but what im saying is its not regular since start of this year i already have 3 days overtime booked in summer then i go to trade shows in november n december which is another 2 days

OP posts:

Kampeki · 07/04/2015 10:33

But surely her employer would be unwilling to pay her for the extra hours if she wasn't actually working them?

And the OP has said that she does work an average of 24 hours per week. It's just that, some weeks, she'll work more and other weeks she'll work less.

Obviously, if she doesn't actually work the extra hours, that would be fraud, but to me, it sounds like she does.

AnxiousWreck · 07/04/2015 10:34

This isn't allowed. The person on the other forum is right.

Your employer can't put down that you are working 24 hours to make you entitled to benefit, that is fraud. It is also fraud for you to continue to claim when you are not working 24 hours.

You are entitled to tax credits in the months that you do work 24 hours. You say that you've worked one overtime day this year, so you'll have been entitled to claim in whatever month that fell in - the other two you were not, because you hadn't worked enough hours.

It isn't worked out on averages, but even if it was, your average isn't currently 24 hours.

Realistically, you might get away with it for a while, because if both you and your employer are telling the same lie it is harder to pick up on. If you or your employer was subject to a random check, though, this would be easy to spot, and you would then be reassessed. Tax credits would likely request evidence of your working hours every week since you started with your employer, and you could end up with a hefty overpayment.

Really, you need to phone up and tell them that you are on a 23 hour a week contract but work 24 hours when you can. They will stop your claim, and ask when that change started. They will reassess from that date.

For your own peace of mind, it might be worth working out how long this has been the case, and calculating the overpayment yourself. I would prepare to have to pay that back, because while you might get away with it for a while, even years, it's rare that somebody gets away with it forever and DWP debts are never statute barred - they may not be able to take you to court after six years, but they will reclaim from future benefits. Come up with a payment plan, however low, and they will likely accept it provided that it is all that you can afford, because you were honest and admitted to the debt rather than waiting to be found out.

Kampeki · 07/04/2015 10:34

Sorry OP, x post

Original poster

hayleysbabies · 07/04/2015 10:35

yes they would not let me get away with not working the hours they are paying me

OP posts:

ThatIsNachoCheese · 07/04/2015 10:38

Since the 24 hour thing is a load of fucking shite then I would do exactly the same as you op.
How on earth they can decide someone working 24 hrs should get it but not someone earning 23 is beyond me!

clare8allthepies · 07/04/2015 10:39

It does go on the hours you actually work rather than contracted to but if you've done no overtime at all some months and aren't expecting to do anymore until the summer then you're not usually working 24 per week.

You only need to work 24 hours if your partner isn't working does your partner receive any carers allowance or disability benefits that aren't recorded on your claim?

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