Gabriel Rozenberg: Analysis
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Tax credits were new Labour’s attempt to square the circle of benefits policy: how do you support people on low incomes without discouraging hard work? Gordon Brown’s big idea looked good on paper but has become a byword for confusion, maladministration and misery for some claimants.
As the new Shadow Chancellor in 1994, Mr Brown turned to Professor Richard Layard (now a life peer) of the London School of Economics for advice on welfare reform. The don suggested paying benefits through the Inland Revenue to encourage work, just as Bill Clinton’s Democrats had done in the US.
In theory, a tax cut for low earners could be administered by employers, rather than the State, and would stop people being trapped on benefits. Another advantage was that as they were technically negative taxation, the credits did not show up on the Government’s accounts as an expense.
Labour in the 1960s and the Tories under Margaret Thatcher considered tax credits of various kinds, but both rejected them as overcomplex and prone to fraud. The present system, introduced in 1999, has undergone several transformations. Since 2003 it has been built around a Working Tax Credit, which replaced elements of the working families’ tax credit, the disabled person’s tax credit and benefits for the over50s. Similarly, the Child Tax Credit combined other benefits for those on low incomes with children.
The credit is tested against the means of each family, itself a complication, as the Inland Revenue in 1997 collected information only on taxpayers as individuals. When a family’s means change, perhaps if a claimant becomes part of a couple or takes on new work, claimants are obliged to tell the taxman and the tax credits are recalculated. It is this that has proved to be the sting in the tail. Since they were introduced, many families have been paid more than their true entitlement.
Some people cheat the system, perhaps by pretending to be lone parents when they are receiving support from a partner. Many others suffered administrative errors when they told Revenue & Customs that their means had changed, but the system did not reduce payments quickly enough. For some, the system was so confusing that mistakes were easily made.
In an ideal world, families would know that they were receiving too much benefit, set it aside, and repay the excess when the Revenue sent a letter asking for it back. But in most cases that is an absurd idea. As one Treasury mandarin told MPs this year: “We do not expect them to be able to understand the whole calculation because that can be quite difficult.”
The result is heartache for hundreds of thousands of vulnerable people.
About 367,500 families appealed last year against the Government’s attempt to recover an overpayment. Today’s news should bring them hope.
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I think that many people are also unaware that if you do not fill in the annual form - even if your circumstances HAVE NOT changed - and the payments continue for a while after that - the Revenue will also insist on repayment of those monies too. Our form was sent back to the Revenue marked 'not known at this address' - though we have lived at this address for 7 years and never had any such problem before. Because of this monies we were entitled to recieve (£1112), based on our income and circumstances, are now to be clawed back. Where does it warn you about that? The only warnings I have ever seen are concerning changes of circumstances.
Annette Dye, Halifax, UK
The Tax Credit fiasco rolls on,. how many more government reports do we need to read, showing up to %60, of all the tax credit claims are wrong..what is written above is only the tip of the iceburg of Misery,. caused by an inept deprtment, namely the HMRC.. we have the HMRC VAT farce.. Tax farce.. 1 million letters still not acttioned farce..perhaps the DWP could do a much better job..and now we have the illegal recovery, by the Persons that probably wrote the tax act. in the first place.. seems they couldnt even get that right..tax payers paying the wrong amount of tax..the list is endless.... we have 38,000 people taken to court. the HMRC show their certificate.. self signed case proved..threats of prison i see in one post...the HMRC will try anything to cover their mistakes..and blame the poor person receiving the tax credits, and blame them..the HMRC will not even produce figures to say how many errors they do make, although they have asked on numerous occasions ..
Robert, Bristol,
I was taken to court and I have facts to prove they (the revenue made mistakes) yet the judge awarded judgment to HMRC without even hearing my evidence. The judge did appologise, explaining the 'Revenue' have the 'certificate of debt'..nothing I had or say would make any difference. I was tricked into court by the revenue, they knowing they could not lose. It a very corrupt system.
Steve, Sheffield, South Yorks
Hi, I am also a mum who had to pay back an overpayment of tax credit award ( 143 pounds per month for a whole year!!!). I did appeal twice against it but with no success. Yesterday I read in the papers that the recovery of overpayment was illegal. Is that true and could that mean that I could claim my money back from Inland Revenue?
Esther, Brighton, UK
The working tax credit - It is a typical Brown ploy - smoke and mirrors - just ike the private finance initiative, it keeps the transactions off the treasury's books but provides very poor value. His contribution as a chancelor has been mainly to introduce masses of very opaque and complicated taxation - enough to confuse everyone until a sober reflection later reveals the truth. The cost of implimenting some of his measures exceed the value of the benefits. These dreaded initiatives are never looked at in a sober considered way - how will they work in practice - what are the pitfalls? What are the costs? More importantly no trials are ever seemingly conducted - the essence of providing robust new systems. The sucess of his chancelorship has been based mainly on keeping the tories economic policies going for as long as possible, against a backdrop of benign or booming worldwide growth. He is a deeply sceaming individual who at last has succeeded in deceiving everyone.
Diddly Do, Liverpool,
I separated from my ex husband in 2005 are received giro payments as a single parent after this. I informed the tax credits office of my change in circumstances immediatley. But they did not close the joint claim so my manual giro payments went onto the joint claim event though i had informed them of the change. I received to bills this year for over payments the first on was for over £5000 which was in joint names which is how I found out about there mistake. It then took me six months of corresponce the receive a correct bill for £500 but then i received anouther bill for anouther £500 overpayment for the next tax year a double wammy. I then tried to arrange repayment of boths bills together on a monthly basis the tax office would not accept this and said i have to pay them back separatley. I then received a letter threatening court proceedings even though i had appealed against these claims. So i had the hardship of finding a lump sum and monthly payment. Ms Norris Swindon
Norris, Swindon, Wiltshire
i hope whoever been overpaid by mistake should be exempted from repaying back, as not only its been a fiasco for te government but very stressful for parents. i was told i owe the tax office for overpayment of tax credit by over £9000.00.my wife is disable and my three grown up children are all in ful time education where i need to support all of them. i am paying back an substantial amount,which is really very difficult to cope.
a.s. peeroo, harrow middlesex, u.k.
I was one of the countless families who appealed my overpayment. I took it to the highest level through my local MP who wrote on my behalf to the head of the child tax credit at Westminster. They eventually wrote back basically saying there was nothing they could do. I had to pay it back. how is it fair that there are two rates at which it has to be paid back. Most people only have to pay it back at a rate of 10%. Those on basic family tax credit have to pay it back at a rate of 90% - even if it is thousands (according to family tax credit people!!)
olivia stewart, Bangor, Northern Ireland
It is impossible to calculate your own entitlement from the information given in the renewal packs, therefore it is impossible to check that they have got it right. All you can do is confirm the information you have given them for the basis of the calculation is correct and hope their systems can work it out correctly. Every time they send me a final statement, I puzzle over if they are saying I have overpaid or underpaid or whats going on. And every time I just have to assume they've got it right.
And I've got a PhD!
Nick Harris, Southanpton,
i was a single working mum in 2003 i married in august 2004 and contacted tax credits they awarded me tax credits to pay back the debt from the previous year the following year we recieved a ill for over £300 hich i paid back and last year we got another bill for £1,400 hich i have been paying at £60 a month for over a year i did hoever appeal but i was informed i owed the money and could go to prison if i never paid it back. can you give me advice on whom i can contact.
joyce gillespie, liverpool, merseyside
I have been paying back tax credits for the last 3 years ,my children are 9 and 11 at the moment . the overpayment arose when my husband lost his job and i was working part- time and looking after my father who died this year (91) . of course we spent the money , no i don't smoke or drink/do drugs it went on food ,clothing and shoes for the kids.
it started as £2,000 then after receiving no tax credits for 2 years to pay it back, it went up to £5,000. when i tried to query it received a reply 8 months later.no , i am not thick
just too tired and grieving to be bothered. i will be 62 when its all paid back and my kids 21 and 19. i did ask if we could repay the money when our finances have eased (by the way we have a tiny mortgage of less than £20k and no other debts) but was told no.
the amount of time and effort it took to try and sort it out
was better spent by me getting more hours in at work to bring in some cash. good luck to anyone who gets something back.
mrs d molloy, gloucester,