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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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Very complicated. I was awarded Incapacity Benefit in LATE

Customer Question

Very complicated. I was awarded Incapacity Benefit in LATE April 2001 and this was paid to me until I reached 65 on 28 May 2013. At no time was I advised PERSONALLY that any private pension over £85 per week would reduce my claim by 50% of the amount greater than £85. As a result I owed £10564.99 for the period 18.08.2002 to 16.10.2012 when the ERROR was eventually discovered. They are now deducting £12 per week from my state pension and there is NO tax relief on this £12. I have claimed and received the overpaid tax for years beginning April 2009 through to April 2013 but I am unable to claim the earlier years. As their claim did NOT include a penalty, am I justified in my view that one government department owes another the amount of overpaid tax for those earlier years and also that I should NOT be being taxed on my repayments. My weekly income from all sources is £8 greater than my expenditure, £255 and £247. I simply cannot afford any increase in payments that they regularly ask for. Every year HM Revenue has issued a tax code to my private pension provider with notice to me showing the amount of benefit I received from the Incapacity Benefit. So how can one department be aware of the private pension yet the other not and that continued for 10 years. I was divorced in April 2012 and this debt was NOT known at that time. As all Incapacity Benefit went in the 'family pot' could I have a future claim on my ex wife's estate for half the amount of the original debt. Don't know which way to turn and cannot afford expensive legal fees. I am single and have NO family whatsoever. Regards ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Nicola

I am happy to wait longer as I need to understand the law as it relates to my circumstances. Principally I need to understand why I am forced to pay income tax on my repayments when I was advised that there was NO penalty added to the debt. Why I must forfeit the over payment of tax between 2002 and 2009. I consider this to be a penalty as the government has already received an amount that should reduce my liability albeit to a different department.

Lastly have I claim in the future, for half the original debt, on my ex wife's estate should she pre-decease me.

I am happy to wait for one calendar month from the 5th February, the date of my original question. Should I receive no answer by that date I reserve the right to ask for a refund of my fee of £38.

Regards

Jeremy XXXXXX

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
You may ask for a refund any time under our satisfaction guarantee.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

In view of your last Email saying you are unable to answer my question, can I please have a full refund of £38.

Jeremy XXXXXX

Customer: replied 2 years ago.

I have not yet received my agreed refund and yet I am asked to complete a survey on my experience with Just Answer. I strongly suggest you at least wait until I have my refund.

Jeremy

Expert:  Nicola-mod replied 2 years ago.
Hello,
Our records show that the refund was processed on 9th January 2015.
Thank you,
Nicola
Customer: replied 2 years ago.

That may well be the case but it has not yet appeared on my account. It says it may take 3 to 5 days. Additionally what possible merit is there in my completing a survey on something that didn't happen.

Jeremy

Expert:  Nicola-mod replied 2 years ago.
Hello,
I am sorry. The surveys are sent out automatically. I have now unsubscribed you from question emails so you should not receive any more of them.
Thank you,
Nicola
Customer: replied 2 years ago.

Thank you. Refund now received.

Jeremy