claiming tax credits and supose insurance number

Hubby has no id but has a NIno

But it is the NI number that the Tax Credits office use to identify the applicant. So having been issued with a NI number that gets quoted on the Tax Credits application form, so I would not expect you to encounter the problem that occurs when one of the joint applicants does not have a NI number.

Oh ok John. Thanks for the info.

Hi John,
We received our tax credit award notice today but they only paid us from 13 dec 2010 both for child tax and work tax credit.
Here are dates we made the claims:
Child birth date:24 July 2010
Child tax credit claim made on 16 september 2010
CTC claim refused on 8 NOV 2010
Appeal made aigainst refusal on 4 jan 2011
Working Tax credit claim made on 13 Jan 2011.
Is the award period for child tax credit correct?we have been given 30 days to appeal. I am thinking of appealing

Child tax credit claim made on 16 september 2010
................................................................
Working Tax credit claim made on 13 Jan 2011.

Given that there is only one claim form, for both types of Tax Credits, please explain how you made separate claims for the two different types.

my partner started part time work only in december 2010 and at that time we had already made child tax credit claim since sept 2010 and it was refused and had appealed against the refusal.
The HMRC wrote to us that they received the appeal against refusal of CTC and will contact us before 24 april 2011.
It is at the time that they were dealing with the appeal that we applied for work tax credit.This advice was given to us by the jobcentre .

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.

Thanks john for your advice,i will write to them asap to appeal against that decision.

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?

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

[quote="John"]Oh dear, more staff training needed at the Tax Credits office!

You need to refer them to The Tax Credits (Miscellaneous Amendments) Regulations 2009, which took effect on 6 April 2009, and in particular reg. 14, which reads :-

[quote]Amendment of the Tax Credits (Claims and Notifications) Regulations 2002

14. Regulation 5 (manner in which claims to be made) is amended as follows.

(1) In paragraph (4) for “paragraph (6)â€

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.

aweeshoe wrote: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.

I went one stage further and appealed

I only have a couple of days as the appeals tribunal want to throw out the case without it being heard.

Facts

We attended NINO interview with DWP ( have receipted evidence ) informed DWP office that my partner was subject to immigration control and produced letter from Borders agency acknowledging that, we produced forms of ID , DWP where not interested they only wanted to see a passport which we explained was with the Borders Agency for visa renewal. also explaining the point that John has raised earlier in this post that legislation had change and now it was not a requirement to have a NINO (as subject to immigration control) they had no knowledge of rule change and just said take that up with HMRC .

DWP, then went on to inform HMRC that no appointment had been attended, hence HMRC refused Tax credits claim

In the intervening period I contacted HMRC requesting information as to why the application was taking so long to process, in that call they informed me that it was being declined because no NINO had been granted by DWP and that they had received notification to that effect that no interview was attended.

I have a transcript of that call sent by HMRC Preston and have my own recording of conversation with their knowledge and consent in that I state that my partners is subject to Immigration control but it was my understanding that it was not a requirement to make a joint claim for working tax credits to have a NiNO is one of the parties was subject to Immigration control

HMRC office said they would refer this to head office and come back to me, about this, it did not happen then some days later I received a rejection letter not upholding my/our claim “ from the information you have given us we cannot find a record for one of the adults named on your claimâ€

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

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!

John wrote: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!

Hi John

What i meant was that a couple claiming tax credit (joint claim),one of them is not allowed to work and one is working 16 hours a week,In the new tax credit regulation that came into force 04/12, do this couple qualify for tax credit?

You say one is not allowed to work. Why?

John wrote:You say one is not allowed to work. Why?

couple with one person with UK residency(refugee status) and the other person an asylum seeker,claiming tax credit as a couple.

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

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?

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

Before I answer that, can you answer :-

Do you have in writing a letter from the Tax Credits office insisting that a NI number is required?

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

Yes we have in wrting.

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).

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.