UNIVERSAL CREDIT - CLOSED ACCOUNT - NO CHILD TAX CREDITS NOTHING & NO MONEY - ANY ADVICE PLEASE???

Hi Miguel,

This is exactly what had happened. I simply wish that if i was informed correctly, I would have been in a position to refuse UC and just continued with the claim for NS JSA, as i did yesterday but now at a loss, with child tax

I wrote to the HMRC Executive suite anf this was their reply, as below:

Thank you for your complaint which we received on 19 June 2019. I am replying on behalf of the Chief Executive.
I am sorry that you are experiencing hardship since you claimed Universal Credit (UC). Based on your financial circumstances, you have asked if we can re-instate your Tax Credit Claim.
Whilst I fully appreciate the issues you have raised regarding your household expenditure as you are currently unemployed, I am sorry but I cannot comply with your request to re-instate your Tax Credit Claim.
On 17 May 2019 we received notice from the Department for Work & Pensions (DWP) telling us to stop your single tax credit claim from 16 May 2019. The notice told us that the Secretary of State (SofS) had accepted the UC claim as you had met the basic conditions within Section 42 of the Welfare Reform Act 2012. This triggered Regulation 8 of the UC Transition Provisions Regulations 2014 and the terminating of certain benefits, of which tax credits is one.
Once a person makes a claim for universal credit and provides their date of birth and answers that they are living in Great Britain and are not in education, then they have met the basic conditions for UC, see below:
Section 4(1)(a) to (d) of the Welfare Reform Act 2012 Act
(a) at least 18 years old,
(b) not reached the qualifying age for state pension credit,
(c) lived in Great Britain,
(d) not receiving education.
The above legislation Is the reason we cannot re-instate your tax credit claim.

You explain that you believe your tax credit claim can be re-instated because, as yet, it has not been finalised. I can confirm that, as detailed earlier, once a customer makes a UC claim their claim for tax credits will end.

Whilst we sent you an In-Year Annual Declaration on 20 May 2019, to be completed and returned by 31 July 2019, I can confirm that finalising your 2019-10 award does not impact on the fact your tax credit claim ended on 16 May 2019.

Again, I am sorry that your tax credit claim cannot be re-instated; I would advise you to contact DWP to discuss your financial circumstances.

If you remain unhappy with this response, you can ask us to look at it again. You can telephone us about this on 0345 300 3900 or visit www.gov.uk/complain-about-hmrc for more information.
Yours sincerely


Patricia O’Shaughnessy
Complaints Investigation Manager

Well at this point it's too late. You have two claims in progress. If you eventually get JSA, this will be discounted from the next UC payments. The good news would be (N.D. can correct me) is that then conditionality would only apply to JSA and not UC. The UC component will only be paid for the housing costs and childcare costs.

This is what I gathered from two solid weeks of reading the DM guides for UC, but I might be totally wrong.

Evening Miguel,

This would make sense, hopefully start to stagger correctly as well, until I am in full employment. I have lost faith asking them about, what will happen upon returning to work, would I receive child element or nothing all together. In fairness, clarity is all required from the them and the Gov.

It's a huge mess.

Thank you, so much help. I would have probably broken down fully had it not been for you guys and this site. So Thankful

id be getting in touch with a simperthetic mp about this whole situation

wrongly advised to claim the wrong benefit
having other benefits stoped due to wrong information provided by the dwp advisor
left in hardship due to there mistakes

nd? would they be a claim for maladminstration due to wrong info advisement to claim the wrong benefit

mps reference would be to argue your case to have everything reinstigated including back pay as well due to being ill informed

Hi Admin,

Thank you for this information I really appreciate it. I am going to write another letter to my local MP, as i still have heard anything back form my first letter. I will see if I can get an appointment as well, to see my MP in person.

Hi Mo1

Do you know if you are worse off due to the wrong advice?

Wrong advice

It is worth noting that there may be recourse to financial compensation if a tax credit claimant makes a UC claim based on incorrect advice from HMRC or DWP and the UC award is less than the tax credits award. For example, where a tax credit claimant who is off work with illness is advised to claim UC instead of Contribution based Employment and Support Allowance.

In addition to taking any action outlined above to try and get the tax credits award reinstated, a complaint should be submitted to either HMRC or DWP (whoever gave the wrong advice) with a request for financial compensation to cover the amount lost by the claimant as a result.

NOTE: We recommend that any adviser supporting a tax credit claimant who has mistakenly or accidentally made a UC claim which has led to termination of the tax credit award seek specialist advice from Child Poverty Action Group or a welfare rights solicitor immediately and before any further steps are taken (for example, to withdraw the UC claim). This is a very complex area and taking the wrong steps can have serious financial implications for claimants.

Last reviewed/updated 23 April 2019

https://revenuebenefits.org.uk/universal-credit/guidance/existing-tax-credit-claimants/making-a-universal-credit-claim

Miguel,

https://respectfulbenefits.forumotion.com/t3918p25-universal-credit-closed-account-no-child-tax-credits-nothing-no-money-any-advice-please#10715

That is correct.

Edit:
Correction:  You usually have to claim UC to receive housing and child costs if you are claiming NSJSA.
https://www.gov.uk/guidance/new-style-jobseekers-allowance

Admin,

https://respectfulbenefits.forumotion.com/t3918p25-universal-credit-closed-account-no-child-tax-credits-nothing-no-money-any-advice-please#10730

That is correct, see above.

This information is helpful:

https://www.rightsnet.org.uk/forums/viewthread/14132/#66318

Hi Non Deficere,

Thank you for the information above, I am going to look into this all. I will also write to the DWP as the HMRC emailed again this week, I'll post their reply below:

Thank you for your e-mail of 26 June 2019 in response to my previous reply. As explained, I am very sorry that you are experiencing hardship since you claimed Universal Credit (UC).

I can only re-iterate that, in accordance with the regulations provided in my previous response, I cannot consider re-instating your tax credit claim.

I appreciate that you do not understand why UC do not pay similar elements as Tax Credits but their regulations differ. Please see https://www.gov.uk/universal-credit for details of UC. For fuller clarification I advise you to contact your work coach.

You also explain that the Department for Work & Pensions (DWP) wrongly advised you when your claim for UC was submitted.

My review of your case has established that the Tax Credit Office (TCO) did not make any mistakes when we ended your tax credit claim. I would, therefore, advise you to ask DWP to look into this issue if you believe you were mis-advised before you claimed UC.
I hope my response helps clarify the situation for you.

Yours sincerely


Patricia O’Shaughnessy
Complaints Investigation Manager


This was received on Monday.

Hi All,

I had tp share my news with you received today.

I have been offered Employment, so happy and overwhelmed right now. I had another interview today and one booked for tomorrow, although I turned it down, as this offer ticks all brackets, including being 8mins from home. Feeling highly grateful..

There was no way could I go to bed tonight without sharing my news with you, because if it wasn't for your time and assistance, I don't know where I would have been. I will still continue with my complaint t the DWP and see where it leads, because, hopefully this will also help and guide, anyone else whom may unfortunately go through the same situation.

I am unsure about the process with UC as, it seems if your salary is over a certain limit, they don't pay no working element???? Whereas before, you will be entitled to "working" Tax Credits. I am going to see if by any chance this can be reinstated, as I was still receiving up until May, which is a new Tax year???

Once again, thank you for all your help, it has and is, greatly appreciated

thankyou for letting us know

we wish you all the best in your new job

dont let dwp win on this fight them and get what is rightly deserved

Thank you, had to share with you all.

I am looking forward to starting on Monday and getting out of this mess. UC is not good and puts people in serious circumstances. Do you have a Facebook page?

They seem to want to shut me down on this and expect that I go away.

If only I coud reinstate my working tax credits

many have fought back and has taken a fair few years to win there cases

its up to you if you want to carry on and get your own justice to have your tax credits reinstated dwp want you to walk away and forget all about it

im not a lover of social media to be honest

but you are more than welcome to pass our site on to others that may need our help

Hiya Admin
I am not living here, you all are absolutely exceptional. I understand regarding social media..

I will definitely fight this to the end. The more ppl that do, we just never know.
I also sent the mandatory Reconsideration by post also.