Tax Credits

elina1978 wrote:My husband and I have made a joint application for WTC (both EU Nationals). Application received by office late July 2012. They were telling me for months that I needed NINO and that they would arrange for an interview. They could not explain the delay and they have asked my mobile four times because a "manager" would take over our case and would arrange for the interview. Repeatedly I was told that it can take up to 12 weeks. Following advice from this forum I arranged for an interview by myself and received the NINO. I called straight away the office to tell them the NINO and they told me that my application is not valid anymore and they need to send me a new application pack. I can appeal according to them after I place a new application.
They are just trying to reduce the number of people they claim WTC even when they are entitled to it.
Please help. I think I will probably need a lawyer from now on but it is so unfair. You just about surviving on a minimum wage, they promise you some help and they never give it. They do not see that behind those application there are people who try to survive. Any suggestion/comment is more than welcome.

Go to your local CAB and get your MP involved.

elina1978, do not agree that the claim is withdrawn! In fact insist that if they will not agree that application, they they reject the claim, so that you can appeal against such rejection.

If you agree that the claim is withdrawn, that would have implications for the start date of when they start paying you.

As already advised, do involve your MP. The incompetence of the Tax Credits office gets worse.

I have sent a formal complaint which I sent it to my MP as well but no response by neither of them. I called again, they gave me another number to call and the people there said they only deal with complaints placed by telephone and note the written ones. It is paranoia. I asked for a manager but no response. I really do not know what else can I do...

elina1978 wrote:I have sent a formal complaint which I sent it to my MP as well but no response by neither of them. I called again, they gave me another number to call and the people there said they only deal with complaints placed by telephone and note the written ones. It is paranoia. I asked for a manager but no response. I really do not know what else can I do...

Did you go to the cab?

John wrote: But a more general point, the law about needing to provide a NINO when applying for Tax Credits changed 2 or 3 years ago. Now, as long as one of the joint claimants provides a NINO, then the other is not so required to provide one, as long as they have never been issued with one.

I find it incredible that the Tax Credits continue to ignore this change of law, after all this time.

Can you please provide the specific law which made the changes? That would help a lot as I have been searching for the said law, but I can't find it.

lapppt wrote:

John wrote: But a more general point, the law about needing to provide a NINO when applying for Tax Credits changed 2 or 3 years ago. Now, as long as one of the joint claimants provides a NINO, then the other is not so required to provide one, as long as they have never been issued with one.

I find it incredible that the Tax Credits continue to ignore this change of law, after all this time.

Can you please provide the specific law which made the changes? That would help a lot as I have been searching for the said law, but I can't find it.

See http://www.hmrc.gov.uk/manuals/tctmanual/tctm06110.htm

D4109125 wrote:

lapppt wrote:

John wrote: But a more general point, the law about needing to provide a NINO when applying for Tax Credits changed 2 or 3 years ago. Now, as long as one of the joint claimants provides a NINO, then the other is not so required to provide one, as long as they have never been issued with one.

I find it incredible that the Tax Credits continue to ignore this change of law, after all this time.

Can you please provide the specific law which made the changes? That would help a lot as I have been searching for the said law, but I can't find it.

See http://www.hmrc.gov.uk/manuals/tctmanual/tctm06110.htm

I have looked at the law but does not say what you have written. It clearly states that "If either of the claimants do not have a NINO, they must apply for one. They must provide sufficient information or evidence, which will allow a NINO to be allocated to them by a DWP or DSD District Office."

The only two exceptions are "where an officer of the Commissioners for HM Revenue & Customs decides that the person who made the claim had a ‘reasonable excuse’ for not having a NINO or being able to provide evidence to allow one to be issued, or where any person who is included on a claim is subject to immigration control and falls within the meaning set out in section 115(9)(a) of the Immigration and Asylum Act 1999 (see below) and to whom a NINO has not been allocated."

Section 115(9)(a) Immigration and Asylum Act 1999 specifies that a person subject to immigration control” is a person who is not an EEA national and who requires leave to enter or remain in the UK but does not have it. Following a change in DWP Regulations (2009) NINO’s will no longer be issued to people residing in the UK illegally. These people will still have to verify their identity at an identity interview (usually held at a DWP office) but they will no longer receive a NINO after this interview.

Unless one of the claimant is illegally in the UK can you clarify where the law says that as long as one of the joint claimants provides a NINO, then the other is not so required to provide one, as long as they have never been issued with one?

lapppt wrote:

D4109125 wrote:

lapppt wrote:

John wrote: But a more general point, the law about needing to provide a NINO when applying for Tax Credits changed 2 or 3 years ago. Now, as long as one of the joint claimants provides a NINO, then the other is not so required to provide one, as long as they have never been issued with one.

I find it incredible that the Tax Credits continue to ignore this change of law, after all this time.

Can you please provide the specific law which made the changes? That would help a lot as I have been searching for the said law, but I can't find it.

See http://www.hmrc.gov.uk/manuals/tctmanual/tctm06110.htm

I have looked at the law but does not say what you have written. It clearly states that "If either of the claimants do not have a NINO, they must apply for one. They must provide sufficient information or evidence, which will allow a NINO to be allocated to them by a DWP or DSD District Office."

The only two exceptions are "where an officer of the Commissioners for HM Revenue & Customs decides that the person who made the claim had a ‘reasonable excuse’ for not having a NINO or being able to provide evidence to allow one to be issued, or where any person who is included on a claim is subject to immigration control and falls within the meaning set out in section 115(9)(a) of the Immigration and Asylum Act 1999 (see below) and to whom a NINO has not been allocated."

Section 115(9)(a) Immigration and Asylum Act 1999 specifies that a person subject to immigration control” is a person who is not an EEA national and who requires leave to enter or remain in the UK but does not have it. Following a change in DWP Regulations (2009) NINO’s will no longer be issued to people residing in the UK illegally. These people will still have to verify their identity at an identity interview (usually held at a DWP office) but they will no longer receive a NINO after this interview.

Unless one of the claimant is illegally in the UK can you clarify where the law says that as long as one of the joint claimants provides a NINO, then the other is not so required to provide one, as long as they have never been issued with one?

Have you both got NINos now?

D4109125 wrote:Have you both got NINos now?

That was not my point. My point was where does such law provides that as long as one of the joint claimants provides a NINO, then the other is not so required to provide one, as long as they have never been issued with one?

lapppt wrote:

D4109125 wrote:Have you both got NINos now?

That was not my point. My point was where does such law provides that as long as one of the joint claimants provides a NINO, then the other is not so required to provide one, as long as they have never been issued with one?

I never said it applied to you, you are an EEA national or family member of one are you not? Thus you are not subject to immigration control, thus the exception does not apply.

D4109125 wrote:

lapppt wrote:

D4109125 wrote:Have you both got NINos now?

That was not my point. My point was where does such law provides that as long as one of the joint claimants provides a NINO, then the other is not so required to provide one, as long as they have never been issued with one?

I never said it applied to you, you are an EEA national or family member of one are you not? Thus you are not subject to immigration control, thus the exception does not apply.

Nowhere the the person you replied to said that they are an EEA national or family member of an EEA national.

Just to update on this thread, despite the said change of the law, even as recently as last week, the Tax Credits Office still asks for both applicants in a joint claim to have NINO. They still say that if one applicant in joint claim attends for an interview at the DWP for NINO to be issued but is refused because is subject to immigration control, then the tax credits claim will be refused for lack if NINO for both claimants.