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bigduckontax
bigduckontax, Accountant
Category: Tax
Satisfied Customers: 4423
Experience:  FCCA FCMA CGMA ACIS
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There, my family were granted refugee status in April and

Customer Question

hi there, my family were granted refugee status in April and I have asked for backdate on a special letters enclosed for both child benefit (CB) and Tax credit (TC). however, both were ignored and I sent another letter to ask for reconsideration. The CB office later wrote to me saying it was late but allowed me to appeal to the tribunal which I did with all my evidences such as postage receipts, letters, and other necessary documents. The Tribunal forwarded my case to HMRC and after another review found that I have a case and they made a mistake. They paid up to £3000 for my two kids.
However, the TC office also failed to acknowledge my attached note requesting backdating. They made their calculations and awarded my kids TC but failed to say if they are entitled to any backdate even though I sent them 2 separate letters. To my surprise, the officer after sending my last letter to enquire wrote back to say the time has lapse and am NOT entitle to any appeal in HM courts. I was gutted that those kids were never allowed benefits since they were born. First child, born in March 2012, second child July 2014.
We were asylum seekers and under the law not entitled to any benefit. However, after waiting for nearly a year after been granted asylum in July 2014, my wife and kids never got theirs till April 2015. So the day we received our notification of refugee status (17 April 2015) , I called hmrc to apply TC and CB and asked them on the for backdate but they asked me to put it in writing which I did less than 2 weeks. Now they are telling me its late and refused even an appeal. I called them 3 days ago and spoke to one advised, she said she cant do anything and passed me on to another call centre. I explained everything and told him if they want evidences I can forward to them but he was not interested to listen and hang up the phone on me.
The estimated backdate could exceed 5 to 7 thousands in my calculations.
I have always been working more than 60hrs a week from 2006 to date and have always paid my fair share of tax and NI. My family went through horrible conditions after the birth of first baby, we were evicted by court order and had no where to stay. Newham council denied us help because of our status. All our belongings were kept in container for 2 months and all got damp, we lost all our sofas, fridge, microwaves, tables as we cant take them away- all this happened in the month of very cold winter Dec 2013.
Now the backdate that these vulnerable kids are entitled to have been denied. Why would CB pay it and TC refused being the same HMRC?? I understand its a different office but they failed in their charter big time ! Can you advice me the way forward or what should I do to get the decision overturned or at least allowed to appeal??
Submitted: 2 years ago.
Category: Tax
Expert:  bigduckontax replied 2 years ago.
Hello, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question. I would suggest that your first post of call should be your local Citizens' Advice Bureau. Failing that consult a solicitor. I do hope that I have shown you a way forward in these difficult circumstances.
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Expert:  bigduckontax replied 2 years ago.
Thank you for your support.