Action Against DWP


K

Kevin Rayner

Is there any action that I can take against the DWP because of the
constant refusal to answer any questions put to them and to deny appeals
against refusal to grant benefit.
Their latest little scheme is to refuse to give me a statement of
taxable benefits received whilst getting JSA. To cut a long story short, I
was on JSA Dec 2002 until May 2003. I received a statement up to 6 April
2003 then got a P45 when I signed off in May. However, I have had to repay
about £370 of benefit received in April and May because the Inland Revenue
backdated my Child Tax credits for the period I was on JSA.
Therefore the amount of benefit on the P45 must be incorrect as I had to
repay a substantial part of it. I have written to the DWP for a revised
statement and of course I have received no reply at all. Not only do I need
this information to re-apply for my CTC's but I will need it for my self
assessment. I would write to my f**king useless Labour MP but banging my
head against a brick wall is more satisfying and a lot more help that the
useless MP.
Is there anything else that I can do, now if I was and asylum seeker
different story.

Kevin
 
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D

Donald McCaskey

Kevin Rayner said:
Is there any action that I can take against the DWP because of the
constant refusal to answer any questions put to them and to deny appeals
against refusal to grant benefit.
Their latest little scheme is to refuse to give me a statement of
taxable benefits received whilst getting JSA. To cut a long story short, I
was on JSA Dec 2002 until May 2003. I received a statement up to 6 April
2003 then got a P45 when I signed off in May. However, I have had to repay
about £370 of benefit received in April and May because the Inland Revenue
backdated my Child Tax credits for the period I was on JSA.
Did you pay back JSA or the tax credits? If the CTC was awarded for a
period you had already been paid JSA for, this is an overpayment of tax
credits, and JSA would not be recoverable. If, on the other hand, you were
already in receipt of CTC and failed to inform the Jobcentre, you would have
been overpaid JSA.
Therefore the amount of benefit on the P45 must be incorrect as I had to
repay a substantial part of it. I have written to the DWP for a revised
statement and of course I have received no reply at all. Not only do I need
this information to re-apply for my CTC's but I will need it for my self
assessment. I would write to my f**king useless Labour MP but banging my
head against a brick wall is more satisfying and a lot more help that the
useless MP.
See above. The amount of taxable benefit you received would only change if
you were actually overpaid JSA. Note that would the Jobcentre class as
taxable benefit and would the inland revenue class as taxable benefit for
tax credit purposes is not always the same thing.

Don
 
K

Kevin Rayner

I repaid JSA because I was paid CTC retrospectively. The Benefits Agency
were not informed because I had already been signed off for over 2 months
when the ctc's were paid. Also I was informed of the increase. I stopped
receiving giros and payments suddenly appeared in my bank account.
 
M

Mike

anthonyberet said:
Kevin Rayner wrote:


Asylum-seekers don't get JSA.
Once they have either been given exceptional leave or leave to remain as
a refugee they can claim the same benefits as you or I. But then I
suppose they are no longer seeking asylum but have it...

Mike
 
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P

Paul Bolton

Kevin Rayner said:
Is there any action that I can take against the DWP because of the
constant refusal to answer any questions put to them and to deny appeals
against refusal to grant benefit.
Their latest little scheme is to refuse to give me a statement of
taxable benefits received whilst getting JSA. To cut a long story short, I
was on JSA Dec 2002 until May 2003. I received a statement up to 6 April
2003 then got a P45 when I signed off in May. However, I have had to repay
about £370 of benefit received in April and May because the Inland Revenue
backdated my Child Tax credits for the period I was on JSA.
Therefore the amount of benefit on the P45 must be incorrect as I had to
repay a substantial part of it. I have written to the DWP for a revised
statement and of course I have received no reply at all. Not only do I need
this information to re-apply for my CTC's but I will need it for my self
assessment. I would write to my f**king useless Labour MP but banging my
head against a brick wall is more satisfying and a lot more help that the
useless MP.
IANAL, and if I have completely misunderstood the situation here then
hopefully others more knowledgeable will correct me, but dependants'
increases for JSA are not in any case taxable. See for instance

http://www.hbinfo.org/menu5/gbi_2001/jsa.shtml

Therefore if the overpayment of JSA was the component intended for the
children then the amount you received in taxable benefit is no different,
even after the repayment. Of course if your P45 shows the total payment for
JSA then that would still be wrong.

HTH
 
K

Kevin Rayner

Paul Bolton said:
had

IANAL, and if I have completely misunderstood the situation here then
hopefully others more knowledgeable will correct me, but dependants'
increases for JSA are not in any case taxable. See for instance

http://www.hbinfo.org/menu5/gbi_2001/jsa.shtml

Therefore if the overpayment of JSA was the component intended for the
children then the amount you received in taxable benefit is no different,
even after the repayment. Of course if your P45 shows the total payment for
JSA then that would still be wrong.

HTH
If that is the case, I don't see why the DWP don't make the point. I am not
sure that I would want to include an uncertain fact on my tax return,
afterall, I am the person who is liable for untrue statements.

Kevin
 
D

Donald McCaskey

Kevin Rayner said:
I repaid JSA because I was paid CTC retrospectively. The Benefits Agency
were not informed because I had already been signed off for over 2 months
when the ctc's were paid. Also I was informed of the increase. I stopped
receiving giros and payments suddenly appeared in my bank account.
If you don't mind me asking, how did you repay your overpayment? Was it
deducted from your CTC or did you make payments direct to DWP?

As far as I can see, your overpayment should have been one of tax credits,
not JSA.

Don
 
K

Kevin Rayner

I am actually paying by instalment to the DWP. My contention is that the IR
have calculated my CTC incorrectly and I am being overpaid CTC. Once the CTC
application is sorted out I will have to repay CTC's then I really will go
ballistic.
Kevin
 
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A

anthonyberet

Mike said:
Once they have either been given exceptional leave or leave to remain
as a refugee they can claim the same benefits as you or I. But then I
suppose they are no longer seeking asylum but have it...
I used to be unemployed and I claimed JSA.
For many years now I have worked full-time.
Am I now a Jobseeker?
 
M

Mike

anthonyberet said:
I used to be unemployed and I claimed JSA.
For many years now I have worked full-time.
Am I now a Jobseeker?
If your looking for work, either officially (ie signing on) or on your
own initiative then yes!

Mike
 
A

anthonyberet

Mike said:
If your looking for work, either officially (ie signing on) or on your
own initiative then yes!
I am not looking for work..
 
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K

Kevin Rayner

anthonyberet said:
What's that got to do with it?
To follow up, I have now received a demand for another £370 to be repaid.
Therefore out of about £860 JSA received I will have repaid £752 leaving
£108 for 6 weeks unemployment, for my wife, two kids and me to live on and I
still have to repay the IR their overpayment. I figure that my 6 weeks out
of work will have actually cost me over £300 or for each week out of work I
pay the Government £50 per week. So much for the welfare state.
Oh and what that has got to do with it is that some people have rights and
the unemployed have no rights at all.

Kevin
 
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R

Robbie

From: "Kevin Rayner" (e-mail address removed)
Date: 09/06/04 20:15 GMT Daylight Time
Message-id: <[email protected]>



To follow up, I have now received a demand for another £370 to be repaid.
Therefore out of about £860 JSA received I will have repaid £752 leaving
£108 for 6 weeks unemployment, for my wife, two kids and me to live on and I
still have to repay the IR their overpayment. I figure that my 6 weeks out
of work will have actually cost me over £300 or for each week out of work I
pay the Government £50 per week. So much for the welfare state.
Oh and what that has got to do with it is that some people have rights and
the unemployed have no rights at all.

Kevin
This sounds wrong - can you go to a Citizens Advice Bureau to get them to help
you out? It still sounds like the Inland Revenue had backdated your tax credits
to a point when you were receiving JSA and BOTH departments are trying to
recover the amount of benefit / tax credit you were paid for the same period.

You need to do something quick, otherwise you'll find your tax coding changed.
Both departments are trying to recover money for the same period and neither
will allow the other to take responsibility.

Another example of tax credits putting children INTO poverty I would say. The
whole system is a total mess. Expect more stories like this in weeks to come.
There's already a dossier being prepared by CPAG which shows that there are
even worse horror stories than this - the latest a family of four living on £25
a week.

Thank God they took the Family Credit away from feckless fathers eh?

Robbie
 

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