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i must admit to feeling insecure about tackling the inland revenue, and have not got my head around the sweeping changes involved in the transfer of responsibility for ss benefits to the IR. there's no indication that i can see that the IR anticipates having to adapt to its new anti-poverty role- <snortle> its horrible website does not cater for claimant's reps, no appeal rights for overpayments, as noted, and financial penalties, _and_ possible added interest in fraud overpayments.
heard pretty horrifying stuff from a client yesterday - child tax credit (only) claimant and 'customer compliance team'. in brief, the Inland Revenue do not believe client's 10 month separation from her husband tok place, and are placing the responsibility on her to prove it by means of 'official' documentation. they have ruled out _in advance_ a letter from the distant relative husband was staying with.
i've just spotted that section 3 of the Tax Credit Act 2002 defines 'married couple' as a man and woman married to each other who are neither separated under a court order or separated in circumstances in which the separation is likely to become permanent. this seems to have seriously adverse implications generally. in my client's case, she was always hopeful that a reconciliation would be made, but the situation was volatile and uncertain, which is not uncommon. they told few people outside the immediate family, and the wife did not notify a change of address for her husband to anywhere officially, partly because she did not know how long the situation would last, and partly because she had enough on her plate working two jobs and getting her two kids to nursery to think about it.
the notified visit she had, complete with investigator and note taker, went into details of her standing orders, loans and even her petrol consumtion, which was thought to be too high. she co-operated and provided documentation and explanation for everything, and explained the details of the separation. she was not told why the IR were investigating her in the first place - it has the hallmarks of an anonymous allegation. the investigators also came equipped with what appeared to client to be information from a credit reference agency about her loan applications, and they have obtained information from her children's nursery about emergency contact details. sounds like quite a fishing trip!
client found questioning intrusive and intimidating, and the whole thing has put her on anti-depressants.
ctc stopped in november last. no suspension or disallowance notice along DWP lines, and no overpayment notification yet. client still has opportunity to 'prove' the separation, but has been told in writing that the investigator has overwhelming evidence in his file to show they were not separated.
lots and lots of issues here, and i wonder what else to come...?
i don't have any CTC application packs available here, and i'd be grateful if anyone could tell me what questions are asked/advice given about separation on the claim form?
also, can anyone point me in direction of any useful notification requirements upon the IR for tax credits?
should wooden stakes and garlic be added to the toolkit?
jj
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