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John · Posted: Wed Apr 06, 2011 6:17 am Post subject:

OK, I think it is just a question of terminology.

As regards when the payments should be backdated to, it seems clear to me. That is, you claimed on 16.09.10, and thus potentially we are talking about the claim being backdated up to 3 months prior to that date. However for you there appears there was no entitlement prior to the birth of your baby on 24.07.10.

Based upon what you have posted there appears to be an entitlement for payments to be backdated to that date of birth. Accordingly you need to formally appeal against their decision to only backdate to 13.12.10. I have a suspicion that this is probably just a clerical error.
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rkabishi · Posted: Wed Apr 06, 2011 7:18 am Post subject:

Thanks john for your advice,i will write to them asap to appeal against that decision.
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rkabishi · Posted: Sat Aug 20, 2011 10:20 am Post subject: CTC and appeal

Hi John,
Can you pls advice on this issue.My partner has refugee status,i am subject to immigration control.We had our child on 24/07/2010,We made a claim for CTC on 1/09/2010,iwas called for NINO interview and was not issue with one and CTC was refused.my partner got a parttime job and we made another claim of WTC on 25/01/2011,had another NINO interview and this claim was accepted we got paid in april 2011for the CTC and WTC but the CTC was only bacdated at the same date as the WTC.
we made an appeal for the CTC to be backdated at our child s DOB.The HMRC are refusing the appeal and saying that the claim of 1/09/2010 was not a valid claim because i did not have a NINO or did not provide suffisiant info of my ID..........
They have sent the appeal to the appeals services who will decide if they can accept our appeal.Can you pls advice?
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rkabishi

alina143 · Posted: Sun Sep 25, 2011 7:45 am Post subject: triburnal

Hi john i dont know if u remeber but i need ur advice for tax credit appeal i recieved a letter from them yesterday saying that my appeal has been passed to the triburnal. Since the appeal my partner has gone back to his home country and i get child tax credit as a single parent now what will happen will they stop my claim till this appeal is heard please some advice thanks

oldtrout · Newbie Joined: 08 Feb 2011 Posts: 8 Location: wales

aweeshoe · Newbie Joined: 03 Oct 2010 Posts: 5 Location: Edinburgh

We had that problem too, the HMRC need to ask the DWP for a nino interview, it's the DWP nino delivery office that issue the nino and verify I.D. The DWP will refuse to issue a nino for benefit/entitlement purposes and the HMRC should then generate a nono number begining with 00. I would suggest that you ask your M.P. to contact them on your behalf as the HMRC must reply to them within 2 weeks and it takes you further up than the so called help desk. I shall contact my M.P. Fiona O'Donnell again on this matter as she had written to the Treasury to stop this happening to others. Good Luck and please let me know the result.

oldtrout · Newbie Joined: 08 Feb 2011 Posts: 8 Location: wales

rkabishi

Hi there,

Does this new regulation apply for couple with one of them subjet to immigration control?because it says that the couple must work 24 hours between them to qualify for WTC,but in the case of a couple with one person SIC(subject to immigration control),how does it work?any help will be appreciated
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rkabishi

John · Posted: Tue Jul 03, 2012 12:54 pm Post subject:

rkabishi, not sure I understand the point you are making, given the person subject to immigration control is allowed to work.

It has never been the case that simply having an NI number gives the right to work, and conversely merely not having a NI automatically means the person cannot work. If only it was that simple!
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rkabishi · Posted: Tue Jul 03, 2012 12:58 pm Post subject:

John · Posted: Tue Jul 03, 2012 1:13 pm Post subject:

You say one is not allowed to work. Why?
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rkabishi · Posted: Tue Jul 03, 2012 1:38 pm Post subject:

lolly10 · Posted: Tue Jul 17, 2012 10:48 am Post subject: tax credits NINO

Can anyone advise I'm in same situation tax credits claim can not be processed until husband has a NINO it has been 4months of calling getting passed from dept to dept. Now waiting on appt to be issued NINO which he will not get anyway so what happens then any idea? Also passport held by HO so how prove identification when go to appt anyone have similar experience. Thanks very much Lolly Shocked

John · Posted: Tue Jul 17, 2012 11:17 am Post subject:

Lolly, can you explain why your husband has not got a NI number?

Do you have in writing a letter from the Tax Credits office insisting that a NI number is required?
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lolly10 · Posted: Tue Jul 17, 2012 12:41 pm Post subject: tax credats no nino

My husband has no NINO as is under immigration control and has no clear status in the uk his application is still underway. The problem is we are aware he is not entitled to a NINO so what happens from tax credits purposes when DWP do not issue a NINO. Do they issue a tempory reference number or is this no longer the case. Thanks

John · Posted: Tue Jul 17, 2012 12:55 pm Post subject:

Before I answer that, can you answer :-

rkabishi · Posted: Tue Jul 17, 2012 1:01 pm Post subject:

Hi lolly10,
This is what happen to us.my partner(refugee status) and me(no legal status or asylum seeker).we made a joint claim for tax credit,after couple of weeks i receive a letter from DWP to go for an interview for NI.i did attend the interview(i had no passport,only some home office document).Few weeks again after the jobcentre interview,we received a letter from the HMRC rejecting our claim for reason that i did not have a NINO.we try to call them but no one was able to tell us what to do.My partner who has a refugee status got a part time job (16 Hrs/week) after working for about 4 weeks we made a claim for working tax credit(joint claim again),i was again sent to the jobcentre for another interview(second one) which i did attend again ,few months after that interview i was allocated a temporary NINO and our tax credit was paid ,but backdated only 3 months b4 the second claim.This was last year,the whole process took about 10 months to conclude. wish you good luck
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lolly10 · Posted: Tue Jul 17, 2012 1:05 pm Post subject: tax credit nino

Yes we have in wrting.

John · Posted: Tue Jul 17, 2012 1:27 pm Post subject:

I am appalled that there is still such lack of training at the Tax Credits Office. After all the law on this point was changed over three years ago, it is not as if it is a recent change!

As a matter of urgency contact them and suggest they look at reg. 14(2), The Tax Credits (Miscellaneous Amendments) Regulations 2009. A link to those regulations ..... click here.

There is no longer a requirement to provide a NI number, in the circumstances mentioned in reg. 14(2).
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lolly10 · Posted: Tue Jul 17, 2012 1:39 pm Post subject: tax credits no nino

I phone tax credits regularly for updates no matter what operator takes your call they are in the contact centre and WILL NOT transfer you to any other department. I have looked at their giudelines and quoted these on several occasions but they do not seem to listen. My claim was passed to a specialist team but I am not allowed to talk to anyone on this department?

I have claimed working/child tax credits before and was entitles to these just as I am married I had to put in a joint claim. I have lived in uk since birth and am a british citizen.

I am also appauled at the way the situation is handled.

I receive different info everytime I call and get no further forward. I have contacted my local MP also for advice.