HELP: I ACCESSED PUBLIC FUNDS

mk_lost · Post by **mk_lost** » Thu Oct 08, 2009 4:27 pm

Hi, I found out last week, I inadvertently accessed child benefits and tax credit over the last 2 years since I was on HSMP visa. I now need to extend it (expires Nov 2009). I have contacted both tax credit and child benefit and explained the situation writing letters, etc. I have told them to please take away all of the money that I accessed. this could take some time though:(
My question, is, should I fill out in the form NO: I did not access funds??

CAN YOU PLS HELP ME AS I AM REALLY STESSED.

thanks a lot...i am new to this board...any help is appreciated.

thanks!

meats · Post by **meats** » Thu Oct 08, 2009 5:27 pm

You should put yes as you accessed public funds. You can attach a letter saying what is happening and get that signed by the council if you wish but if you put no and then they find out you accessed public funds then you might get in more trouble than putting yes.

mk_lost · Post by **mk_lost** » Thu Oct 08, 2009 7:02 pm

thanks for your prompt response. are you sure though that I should say 'yes'? I mean I will be in real trouble then.,,,I had asked one of the lawyers who give free service over the phone and they suggested say 'no'..I know that if the funds are all given back to the council i can fill no but if it is in the process, then i am not sure...looks like saying yes makes sense...just need some more assurance on this.

besides, communicating with the council is a NIGHTMARE....they are just not responsive..i have sent them 2 letters and several phone calls.....

any one else knows what i can do? say yes and supply some proof for jst say no and hope the funds are cleared soon??

thanks.

hsmp12345 · Post by **hsmp12345** » Thu Oct 08, 2009 7:14 pm

mk_lost wrote:thanks for your prompt response. are you sure though that I should say 'yes'? I mean I will be in real trouble then.,,,I had asked one of the lawyers who give free service over the phone and they suggested say 'no'..I know that if the funds are all given back to the council i can fill no but if it is in the process, then i am not sure...looks like saying yes makes sense...just need some more assurance on this.

besides, communicating with the council is a NIGHTMARE....they are just not responsive..i have sent them 2 letters and several phone calls.....

any one else knows what i can do? say yes and supply some proof for jst say no and hope the funds are cleared soon??

thanks.

Hi,

To be on safe side, you should say "YES" and then explain that it was done inadvertently. You should also explain that now that you are aware of this and are already following up with council to refund the amount.

This would ensure that you have nothing to hide to the case worker. Thing of a case that you say "NO" and then case worker finds out that it was incorrect(even though you are in process of returning the amount). So called lawyer can say anything but it all boils down to the discretion of case worker to make the decision.

Wish you all luck.

Post by **push** » Thu Oct 08, 2009 7:18 pm

mk_lost wrote:thanks for your prompt response. are you sure though that I should say 'yes'? I mean I will be in real trouble then.,,,I had asked one of the lawyers who give free service over the phone and they suggested say 'no'..I know that if the funds are all given back to the council i can fill no but if it is in the process, then i am not sure...looks like saying yes makes sense...just need some more assurance on this.

besides, communicating with the council is a NIGHTMARE....they are just not responsive..i have sent them 2 letters and several phone calls.....

any one else knows what i can do? say yes and supply some proof for jst say no and hope the funds are cleared soon??

thanks.

Read the question carefully. It says:

X1. Is the applicant receiving any public funds?

And you are not!! You did in the past, in error which you are in the process of returning. In my opinion you should say no (which is technically correct) and then explain the situation in cover letter and in application (that should take care of mis-representation).

mk_lost · Post by **mk_lost** » Thu Oct 08, 2009 7:50 pm

thanks SO much all of you...you guys are doing a GREAT job and providing an excellent service for people like me! (only wish I was part of this forum back in the day and I wouldnt take tax credit as I though it was rightfully mine!!)

I think it makes sense to talk about the mistake, etc and at the same time say 'no' as i am not currently...

again, thanks!

tcpip_helper · Post by **tcpip_helper** » Thu Oct 08, 2009 9:36 pm

if you receive benefits would that affects your application? i mean if someone is receiving benefits is he not allowed to have tier 1 status?

in past i had council tax discounts because of student status but never mentioned it in my student extension , IGS or PSW.

meats · Post by **meats** » Thu Oct 08, 2009 9:37 pm

nabeel_sheraz wrote:if you receive benefits would that affects your application? i mean if someone is receiving benefits is he not allowed to have tier 1 status?

in past i had council tax discounts because of student status but never mentioned it in my student extension , IGS or PSW.

Doesn't matter with the student exemption of council tax, that applies to all students regardless of whether you're home, EU or international student.

tcpip_helper · Post by **tcpip_helper** » Thu Oct 08, 2009 9:47 pm

meats wrote:
nabeel_sheraz wrote:if you receive benefits would that affects your application? i mean if someone is receiving benefits is he not allowed to have tier 1 status?

in past i had council tax discounts because of student status but never mentioned it in my student extension , IGS or PSW.
Doesn't matter with the student exemption of council tax, that applies to all students regardless of whether you're home, EU or international student.

thanks but what about benefits , if someone receiving benefits does that affect his application for tier 1

meats · Post by **meats** » Thu Oct 08, 2009 10:14 pm

nabeel_sheraz wrote:
meats wrote:
nabeel_sheraz wrote:if you receive benefits would that affects your application? i mean if someone is receiving benefits is he not allowed to have tier 1 status?

in past i had council tax discounts because of student status but never mentioned it in my student extension , IGS or PSW.
Doesn't matter with the student exemption of council tax, that applies to all students regardless of whether you're home, EU or international student.
thanks but what about benefits , if someone receiving benefits does that affect his application for tier 1

If your visa says no recourse to public funds then it might do yes.

Post by **John** » Thu Oct 08, 2009 10:57 pm

mk_lost, what is your nationality? And before you came to the UK, did you work in any other country, apart from that of your nationality?

Same questions about your spouse/partner.

are you sure though that I should say 'yes'

You should answer the Public Funds question honestly and correctly! And notice that it is asked in the present tense ..... are you claiming? And thus when you complete the form if you are not claiming Public Funds, then the honest and truthful answer to their question is clearly ..... no!

mk_lost · Post by **mk_lost** » Fri Oct 09, 2009 9:18 am

Yup...worked in the US for 8 years. am an Indian national....i had asked the tax credit office and child benefits office if I am eligible when I had applied in April 2008 and they said ofcourse...i had no idea these were public funds.....anyhoo...i think i should say 'no' and then in my cover letter mention that I had inadvertently taken funds and submit all my communication with both the offices....i will also try and get the council offices to send me a letter in this regard....just time is running against me...my hsmp expires nov 15

PS: i dont have a spouse....

*FC* · Post by ***FC*** » Fri Oct 09, 2009 9:42 am

I personally would have replied to it with a 'No' since I aint claiming anything now.

But, I would have also included in the Covering letter about the past and the mistake that had happened, and MOST IMPORTANTLY the action I had taken to rectify it. Also, I would have provided all the sufficient documentation that proves the point that I have refunded.

Hope it helps.

FC

Post by **John** » Fri Oct 09, 2009 4:47 pm

.worked in the US for 8 years. am an Indian national

You didn't work in Canada at any time, did you? If you did you would now have a right to claim Child Benefit in the UK, under the terms of a reciprocal Social Security agreement between Canada and the UK, even though you are not a Canadian citizen.

PS: i dont have a spouse....

Do you have a partner you are living with now? If you do, their nationality, and if not British, their UK immigration status?

mvent00 · Post by **mvent00** » Fri Oct 09, 2009 7:16 pm

John wrote:
.worked in the US for 8 years. am an Indian national
You didn't work in Canada at any time, did you? If you did you would now have a right to claim Child Benefit in the UK, under the terms of a reciprocal Social Security agreement between Canada and the UK, even though you are not a Canadian citizen.

PS: i dont have a spouse....
Do you have a partner you are living with now? If you do, their nationality, and if not British, their UK immigration status?

Hey John! the information here says: If your home country has a social security agreement with the EU or UK, you may be eligible for certain benefits. I think home country means the country of nationality, not the country of residence. Please see this, page 5, Section: How do I apply? (your home country; the country of which you are a national) Isn't it?

mk_lost · Post by **mk_lost** » Fri Oct 09, 2009 8:40 pm

THANKS!!
Nope, neither have a partner nor have I worked in Canada...
thanks!

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HELP: I ACCESSED PUBLIC FUNDS

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