The BD8 is the notice of registration of a death form sent to the DWP. It has the function of formally notifying the DWP of the death and affects all benefits. Does anyone know if it has any status with tax credits?

My client's husband died in Nov. The BD8 was sent but tax credits were not separately informed. She did not at the time speak English. The client made a new claim for IS as a single person and continued to receive £104 a week child tax credit for 3 children. In March, it appears that the DWP got round to informing tax credits of his death. Tax credits were stopped and she was told that she had been overpaid since Nov. We put in a new claim in March and have just put in an appeal to request backdating. But even if this is successful she will only get 3 months backdating and there will be a gap. I will ask for this to be written off when it is formally notified at the reconciliation but I have a sneaking hope that the BD8 was enough especially as the DWP have informed tax credits albeit belatedly. Any thoughts welcome.

sorry, i don't know whether there is any requirement on the DWP to notify the Inland Revenue on receipt of BD8. it would be an administrative rather than a legal requirement, and one may hope, but best not to hold breath. i too would like to know if there are any instructions to DWP staff on this. it might otherwise need amendment to the registration of death arrangements, to give 2 certicates.???

a good few years ago, the old Benefits Agency went down the road of having local offices appoint specially trained 'bereavement officers' to help recently bereaved claimants make all the appropriate claims and notifications in one go, as a 'customer care' initiative, recognizing the special difficulties people face at such a time.

i think much of that has long since fallen by the cost-cutting wayside, along with the 'customer service' priority it once ( and debatably) claimed. it remains to be seen what remnants survive jobcentre plus and tele-claiming.

but your case really highlights the issues around the joint claim legislation. i've complained about it previously on rightsnet. it seems to be impossibly rigid, and, although there's a confused area around claims, entitlement and awards, seems to be framed in a way that creates technical, but non-real overpayments, without adequate safeguard clauses or provisions. (the loss to public funds is _created_ rather than actual, by non-compliance with regulatory claim requirements, not caused by the claimant's circumstances in relation to tax credit entitlement ie children and income). any useful clarification over the interpretaion of section 3 which the Commissioners could surely give, is likely to be a long time coming, in view of the absence of overpayment appeal rights. the term 'joint claim' itself appears to be meaningless in reality, if the award cannot survive the death of one of the claimants. 'joint claim' is merely a definition in relation to the relevant statute. it's not like a child benefit claim or an old family credit claim, where the 'alternative payee' could continue to cash the order book - there being no change in entitlement.

your client has not received a penny more than parliament intended her to receive. she stands to receive LESS than her intended entitlement, AND faces a debt to HM treasury at a most difficult time. leaving aside the tenuous BD8 question, that bill could easily run into several thousands of pounds in some cases. (supposing her husband died in April, and it did not come to the attention of the IR until the renewal claim.)

If Parliament really intended that the treasury should profit from the death of tax credit recipients and their widowed partner's ignorance of section 3 of the Tax Credit Act (or their post bereavement shock/grief), it is difficult to imagine a more morally repugnant and unjust tax. I for one do not believe that the Chancellor intended this at all.

which leaves many questions...

jan

Well said Jan!

You sometimes wonder what passes for common sense in those who frame the legislation and don't get me started on benefit (oops sorry! I meant credits!!) administration.

Regards
Paul

cheers paul

i think andrew's on to something regarding the drafting of tax credit legislation - it could easily be about Patagonian pig - farming for all many of us know - and it's got me wishing for the expertise of the SS law drafts-persons - something i never expected to say.

do you suppose that the Inland Revenue has developed an occult culture, where the knowledge is made esoteric, and jealously guarded, so that basically the government leaves them alone and lets them do what they want?

if so, it occurs to me that the usual appeals system won't work!! the Revenue has hinted as much already, suggesting that the tribunals are not initiates into the tax credit knowledge! perhaps sacrificing kentucky fried chicken in the doorway of the tax office at midnight, whilst wearing hoodies and surrounded by magical painted symbols is the way!!!

i hope not - i'm a vegetarian. but you would have thought the problems with joint claims would have been anticipated? you point to the benefit/credit identity confusion problem, and maybe the Inland Revenue didn't have the common sense to realize it might need an infusion to cope with such a metamorphosis - or maybe there was a bit of a scrabble over their jobs - whatever...

it's a damned perverse way to eradicate child poverty.

how long before they add VAT to the overpayments and overpayment penalties?

jan

Just e mailed the Inland Revenue for an answer, I'll post the reply if I get one.

This is the reply.

Dear Mr Harnden

Thank you for your email.

Your email has reached the HM Revenue & Customs Online Services
Helpdesk. We provide technical support for the Tax Credits Online
service. We deal with online claim queries, online change queries and
online renewals.

If you would like information regarding our Online Service please visit
www.hmrc.gov.uk and click on Tax Credits under the heading do it
online.

Unfortunately this office will be unable to answer your query because
we do not have access to your individual Tax Credits records and cannot
make changes to your Tax Credits claim form. We are also not
responsible for the issue of award/rejection notices or the payment of
Tax Credits.

For further assistance with your query you should contact the Tax
Credits helpline on 0845 300 3900, or 0845 603 2000 if you live in
Northern Ireland. Alternatively, you can contact the Tax Credits
Office in writing. Please send any written correspondence to:

HM Revenue & Customs Tax Credits Office
Cop Lane
Preston
PR1 0SD

The Tax Credits Office does not have the facility to deal with emails
from customers.

I hope that this information is helpful.

If you have any further queries about the Tax Credits online service,
please do not hesitate to contact the Helpdesk on 0845 300 3938.

The Helpdesk is open 7 days a week 8am to 8pm, Christmas Eve, New
Year's Eve and Bank Holidays. The Helpdesk is closed Christmas Day,
Boxing Day and New Year's Day.

For security reasons specific personal data may have been removed from
this email.

Yours sincerely

Online Services Helpdesk

Zyx


I felt that reply was REALLY helpful !!!!!!!!!!!!!!!!!!

Anyway, I then phoned them and asked if the same BD8 form could be used.
The reply was no it can't be used and that in the event of a bereivement then you have to phone them up.
How distrssing will that be for someone who has just lost a close relative.

the tax credit helpline - a cruel and unusual form of torture?

alright - an exaggeration, but for recently bereaved, this requirement must qualify as inhumane treatment!!****??