Thailand-UK ประเทศไทย-สหราชอาณาจักร

Forums ฟอรั่มส์

Thanks Thanks:  0
Likes Likes:  0
Dislikes Dislikes:  0
Results 1 to 15 of 15
  1. #1
    Rookie มือใหม่
    Join Date
    12 Aug 2009
    Posts
    15

    Default Family Tax Credit Refused!

    Hi Guys

    Thought I would share my Family Tax Credit experience with you. Any advice will be gratefuly received.

    I returned to the UK with my wife and our 2 children in early December (I lived and worked in Thailand for 8 years). On our return I applied for Child Allowance in my own name for our children, which I am now in receipt of.

    I then looked at appling for Family Tax Credit. For those of you that don't know, if you are married or in a relationship where you live with your partner, then you have to make a joint application for tax credits. I telephoned the tax credit helpline, was asked several questions over the phone, and then an application form was sent out to me. I completed the application form and posted it off. As a side note my wife had already applied for her NI number and received it. After several weeks we received a letter from the IR stating that the application had been refused due to "the app having no recourse to public funds".

    I telephoned the helpline straight away and explained what had happened to the IR Staff. I explained that I believed that the decision was wrong as according to the Tax Credit (Immigration) Regulations 2003 (plus the Tax Credit Act 2002 and the Immigration and Asylum Act 1999) when a joint application is made and one applicatint is subject to immigration control and the other applicant is not subject to immigration control, then for the purpose of the Tax Credit both applicants are regarded as not subject to immigration control and the tax credit should be issued.

    The helpline staff said that he had pulled my file up on his PC and he could see no reason why our application had been refused. He agreed with me that as I am a British Citizen then the credit should have been issued. I asked him if he could make the decision to overturn the refusal. He stated that he could not do this but he would send me an appeal form to complete and in his opinion the decsion would be overturned straight away as I am a British Citizen.

    I received the Appeals Form, duly completed it quoting the various regulations as to why we are entitled to the tax credit. Today I received a letter from the IR stating that my appeal will have to go to a tribunal, and I should be informed of the tribunal date by 25 June !!!!!!!!

    Can anyone tell me if I am wrong in what I have stated? Are we entiltled to claim Family Tax Credit? Any advice or comments welcome.

  2. #2
    Moderator GTG's Avatar
    Join Date
    13 Sep 2002
    Location
    Sunny Shields
    Posts
    7,066

    Default

    Assuming you are talking about Child Tax Credit then I think you are correct in your assumptions, can't see why it should be delayed. Best thing to do is look at it as savings as you should get a nice lump sum eventually.
    Gordie T Geordie

  3. #3
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,386

    Default

    MarkT, HMRC are normally very good on this point. And the legislation is extremely clear.

    What about Child Benefit? Has that been claimed? Who by? Any problem?

    Whereabouts in the UK are you?
    John

  4. #4
    Moderator GTG's Avatar
    Join Date
    13 Sep 2002
    Location
    Sunny Shields
    Posts
    7,066

    Default

    Quote Originally Posted by John View Post
    What about Child Benefit? Has that been claimed? Who by? Any problem?
    I assumed that's what he meant by Child Allowance.
    Gordie T Geordie

  5. #5
    Rookie มือใหม่
    Join Date
    12 Aug 2009
    Posts
    15

    Default

    I am getting child benefit, that went through with no problems. It was our joint Child Tax Credit application that was refused due to my wife being subject to immigration control. Reading other threads and posts on this forum, other people do not seem to have had any problems claiming child benefit and child tax credit. I just wanted confimation that I was correct in my assumtion that I (we) are entitled to claim child tax credit due to me being a British Citizen.

  6. #6
    Member สมาชิก
    Join Date
    14 Jul 2006
    Posts
    73

    Default

    Mark,
    You are perfectly entitled to claim Child Tax Credit, for the reasons you have given. I had similar kinds of problems applying for it when we first came back the UK, and ended up having to write to my local MP in the end. Once I did this, it was sorted and in my account within a couple of weeks. If you are not able to wait until June, may be worth giving this a try too.

  7. #7
    Member สมาชิก JasonThai's Avatar
    Join Date
    29 May 2007
    Location
    Croydon, Surrey & Non Sung Korat
    Posts
    56

    Default

    It may have something to do with you just coming to the UK having lived in Thailand for 8 years, you maybe a British citizen but you also have to prove that you live in the UK, they might of thought you were just visiting and would return to Thailand, this is the only reason I can think of that they would turn you down

  8. #8
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,386

    Default

    MarkT, you need to appeal against the refusal. You need to do that, rather than just submit a new claim, in order to ensure that when the claim is agreed that it gets backdated much more than if you submitted a new claim.

    So appeal, and refer them specifically to reg 3(2), Tax Credits (Immigration) Regulations 2003.
    John

  9. #9
    Rookie มือใหม่
    Join Date
    12 Aug 2009
    Posts
    15

    Default

    Quote Originally Posted by John View Post
    MarkT, you need to appeal against the refusal. You need to do that, rather than just submit a new claim, in order to ensure that when the claim is agreed that it gets backdated much more than if you submitted a new claim.

    So appeal, and refer them specifically to reg 3(2), Tax Credits (Immigration) Regulations 2003.
    Hi John. I have appealed already, quoting the above regulations. I would have thought they would have just overturned the decision and paid us the tax credit, instead they are saying that the appeal will have to go a tribunal. I guess there is not much I can do while the appeal goes through its process, apart from hope they will see the mistake that they have made.

  10. #10
    Orangesoup
    Guest

    Default

    I would concur with the advice from Backintheuk.

    In 2007 after returning to the UK I was mucked around about by the Tax Credit Office((s) always had an Office in a different location each time I called) for 5 months with no end in sight.....

    Livid at my treatment I telephoned the Office of my Member of Parliament (Labour) and gave my MP's member of staff an ear-bashing on the subject - within 48 hours I received a call from the Tax Credit people advising that Tax Credits would be paid and were being backdated.

    You may experience the same.

  11. #11
    Rookie มือใหม่
    Join Date
    12 Aug 2009
    Posts
    15

    Default

    Hi

    Just thought I would update you all on what has happened. About one month ago I wrote to my MP and asked him if he could contact the IR on mybehalf. At the same time I also wrote to the IR quoting their own website page that states that my wife and I should be issued with the Tax Credit. This morning on checking my bank account I was happy to see that I had received our Tax Credit, back dated to 7 Dec 09. All this hassle due to some junior office administrator not knowing the rules and regulations that govern the job that he is supposed to do!

    Thanks to those that offered advice on this matter.

    Regards......Mark

  12. #12
    Moderator GTG's Avatar
    Join Date
    13 Sep 2002
    Location
    Sunny Shields
    Posts
    7,066

    Default

    Your round!
    Gordie T Geordie

  13. #13
    Rookie มือใหม่
    Join Date
    12 Aug 2009
    Posts
    15

    Default

    Quote Originally Posted by GTG View Post
    Your round!
    I may have gained a little weight since returning to the UK but not that much!

  14. #14
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,386

    Default

    MarkT, congratulations. Glad it all worked out ..... at last!
    John

  15. #15
    Premium Member Gary & Nok's Avatar
    Join Date
    5 Mar 2006
    Location
    Birmingham - UK
    Posts
    13,382

    Default

    Quote Originally Posted by MarkT View Post
    This morning on checking my bank account I was happy to see that I had received our Tax Credit,
    Liberal Conservatives working together for your future
    Bye Bye EU Day 31st December 2020 (11 p.m.)

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •