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bigduckontax
bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3002
Experience:  FCCA FCMA CGMA ACIS
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I am a self employed sole trader. Since December 2005, I had

Customer Question

I am a self employed sole trader. Since December 2005, I had been receiving incapacity benefit because of severe physical disability and depression due to ill health after an work related accident I have suffered. Since November 2013, I am receiving employment and support allowance(ESA) and placed in the support group. I have two children under the age of ten and my partner is on a zero hour contract and working upto 20 hours per week.

Before I became ill, I was working 70 hours per week and receiving working tax credit including the payment for 30 hours per week element of the tax credit.

My questions to you as follows:
a)While receiving the Incapacity benefit, for how many weeks/months I am entitled to receive working tax credit and the 30 hour element?
(I was receiving this payment until February 2013 but HMRC had stopped paying since then and had said they have over paid me since 04 of April 2012.)
b) As I am receiving ESA (support group) am I eligible to receive any working tax credit with 30 hour element for any period as still I am classed as self employed(my business is still a going concern managed by members of staff) and submitting tax return annually declaring the benefit payments on the tax return too?
c)Concerning questions a) and b) what are the relevant HMRC guide books I can refer to sort this out and put my mind to rest?

Your expert's advice in this field is highly appreciated-Thank you.
Submitted: 2 years ago.
Category: Tax
Expert:  bigduckontax replied 2 years ago.
Hello, I'm Keith and happy to help you with your question.

ESA does not count as income in assessing tax credit allowances. In fact it should, according to HMRC actually increase your tax credits.

I regret you made a fatal mistake in telephoning the Tax Credit Office (TCO) in this matter. The TCO are past masters at getting hold of the wrong end of the stick if they can even find the stick at all. You should write to them requesting a full explanation of your tax credits and why they think you have been over paid. You may have to badger away at the Preston Office for some time before you receive a lucid and understandable answer. In your letter you should request the TCO to send you copies of the relevant pamphlets. Stress the fact that your are under heavy medication.

I regret that you are in for a long haul on this matter.
Customer: replied 2 years ago.

Hi Keith,


 


Your reply, did not answer my questions a),b) and c).


Could you please read my whole post again and give me a detailed answer about my entitlement to tax credit, under the current circumstances I am under.

Expert:  bigduckontax replied 2 years ago.
I am sorry I had to opt out, but I am not feeling up to snuff today and am also off to bed shortly.
Customer: replied 2 years ago.
Relist: Other.
My questions are not answered.
Expert:  Nicola-mod replied 2 years ago.

Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new 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.

Thanks Nicola for the reply.


I can wait for a couple of days maximum for you to find an expert who can help me with my queries.

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.
Hi Nicola,
Thanks for the reply.
I am still waiting and hope you have found someone to assist me.
Kind regards,
Peter.
Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.
Hi,
How long will it take you to find an expert?
Expert:  Nicola-mod replied 2 years ago.
Hello,

I'm afraid JustAnswer cannot guarantee a time but most questions are answered in a timely manner.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.
I assume you do not have any experts available to answer my questions then.
Expert:  bigduckontax replied 2 years ago.
I am merely posting to clear my inbox as this question keeps popping up!
Customer: replied 2 years ago.
Sorry I have no control over the issue and will be in touch with the customer service.
Expert:  bigduckontax replied 2 years ago.
I can do nothing my end, I have opted out of your question.
Customer: replied 2 years ago.
Relist: Other.
After the expert said he could not help, you're trying to get an answer from him by re-sending the questions to him again and again.
Expert:  Nicola-mod replied 2 years ago.
Hello,

Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.

Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.

I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

Hi,


Please return my good faith deposit to my PayPal account and close the thread.


Thanks.

Expert:  bigduckontax replied 2 years ago.

Please note that you have to apply to Just Answer direct for that refund.

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