Welfare benefits caseworker, Banbury CAB Member since 25th Apr 2007
Tax credits and income support Wed 25-Apr-07 12:56 PM
Sorry if this is on the wrong page I've never posted before
I have a client who worked self employed to Feb 06. Claimed income support (couple) as his only income was tax credits (£76.00 pw WTC). Income support topped up the working tax credit. Client then failed a PCA in September 06. Came to se me at that point (appealed IS IFW succesfully and IS reinstated) but tax credits have determined that he was overpaid WTC from Feb - September 06 as he was not working. Tax crediots were not advised until September 06. I have asked them to reconsider but no luck and they are now recovering at 10% of ongoing CTC award. Is it worth asking income support to look at this as otherwise client has ben penalised twice (did not receive income support in full and has to repay the working tax credits).
I just need to know the best direction to go in and would appreciate any ideas.
Welfare Rights Adviser, Low Incomes Tax Reform Group (LITRG) Member since 13th Jan 2006
RE: Tax credits and income support Fri 27-Apr-07 10:32 AM
When your client finished Self Employed work in Feb 06 - was that due to illness?
If so have you had a look at Reg 6 (6(5) in particular) of the WTC (Entitlement and Maximum Rate) Regulations 2002 SI 2002/2005? which would mean he would be counted as being in qualifying remunerative work after Feb 06.