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Tax refund #1069872
13th Jun 2019 5:38pm
13th Jun 2019 5:38pm
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lincle Online content OP
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If you're receiving Universal credit & get a small refund from 2018/19 when employed will Universal credit deduct it from monthly benefit ? over to you Digging

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Re: Tax refund [Re: lincle] #1069875
13th Jun 2019 7:06pm
13th Jun 2019 7:06pm
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diggingdeeper Offline

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A good question and one I've mulled over in the past myself.

I eventually took the line that when signing-on, it is taken from the last day you WORKED, not from when you were last paid. Therefore it is an income for the period you were working not the period after you were working, the important factor being "when was it earned" income.

It could also be taken as a repayment of a debt which would be obscure to call it "income" at the time it is paid back, albeit it was earned income when it was "loaned".

So basically I didn't fess up BUT the benefits people are renowned for making up rules as they go along so there is always a risk and even if you are right it can take over 9 months to sort it out.

The correct course of action is to tell them and let them decide, then appeal if you think they are wrong but of course you could lose 5 weeks of UC in between.

The above is assuming it was arrears for work (backpay, pay arrears etc), there may be a situation where it is unearned income in which case it would be difficult to say it wasn't income on the day you received it, being unearned the only date possible is the receipt date?

This is very much my own opinion, its up to you to decide for yourself. I should mention my case wasn't UC it was under the old benefits system.


Last edited by diggingdeeper; 13th Jun 2019 7:09pm.

The further you are down the pay scale, the more 'essential' you are when the s--- hits the fan... Sue Farbysmith 2020

Insults are engendered from vulgar minds, like toadstools from a dunghill - Charles Caleb Colton

We don't do charity in Germany, We pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn
Re: Tax refund [Re: lincle] #1069878
13th Jun 2019 7:17pm
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Thanks Digging. Last month they deducted A miserable £4.10 which was overpaid Working Tax Credit so it may be that HMRC inform U.C anyway. Ive taken it as being an overpayment of tax as employment stopped in February & I think tax is calculated over a 12 month period. We wait with baited breath.Knew I could rely on a reply from you .Thanks

Re: Tax refund [Re: lincle] #1069887
13th Jun 2019 7:57pm
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diggingdeeper Offline

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One of mine was a refund from the student loan company (overpaid repayments), which is very similar to a refund from overpaid tax, its a debt repayment and has no resemblance to income neither earned nor unearned imho


The further you are down the pay scale, the more 'essential' you are when the s--- hits the fan... Sue Farbysmith 2020

Insults are engendered from vulgar minds, like toadstools from a dunghill - Charles Caleb Colton

We don't do charity in Germany, We pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn
Re: Tax refund [Re: lincle] #1069910
14th Jun 2019 10:12am
14th Jun 2019 10:12am
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venice Offline

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If its counted like a debt repayment , like you say , I don't think its counted. However if its arrears for work, it wouldn't surprise me if they just treat it with the "its the day the money hits your account" judgement .

Last edited by venice; 14th Jun 2019 10:13am.
Re: Tax refund [Re: lincle] #1069921
14th Jun 2019 3:11pm
14th Jun 2019 3:11pm
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Thanks everyone. Some holiday pay was delayed & that was then deducted from U.C so Im hoping they wont touch the tax refund .

Re: Tax refund [Re: lincle] #1069928
14th Jun 2019 5:27pm
14th Jun 2019 5:27pm
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diggingdeeper Offline

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I'd challenge your holiday pay decision, it is a payment in arrears for a period when you were still employed and was earned income.

Their own rules state holiday pay is counted as earned income, you most certainly did not earn it when you were unemployed.

Ask for a mandatory reconsideration on it and take it from there.


The further you are down the pay scale, the more 'essential' you are when the s--- hits the fan... Sue Farbysmith 2020

Insults are engendered from vulgar minds, like toadstools from a dunghill - Charles Caleb Colton

We don't do charity in Germany, We pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn
Re: Tax refund [Re: lincle] #1069929
14th Jun 2019 5:46pm
14th Jun 2019 5:46pm
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Didnt think of that Digging thanks again.Its worth querying

Re: Tax refund [Re: lincle] #1070505
26th Jun 2019 7:37am
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Update . After contacting U..C regarding holiday pay the following comment was received " Any payment from an employer will be deducted ftom UC during the UC assessment period it was received in the bank irrespective of what period it covered" . Still not sure on tax rebates .

Re: Tax refund [Re: lincle] #1070520
26th Jun 2019 5:21pm
26th Jun 2019 5:21pm
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diggingdeeper Offline

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Originally Posted by lincle
Update . After contacting U..C regarding holiday pay the following comment was received " Any payment from an employer will be deducted ftom UC during the UC assessment period it was received in the bank irrespective of what period it covered" . Still not sure on tax rebates .



Ask them for a reference to the section of law that states this ..... and do not accept any reference to guidelines, Universal Credit like all other benefits are governed by Laws not guidelines. If they do state a guideline, ask for a copy of the guideline (which they normally refuse).

You can also state the payment was from a "former employer" not an employer.


The further you are down the pay scale, the more 'essential' you are when the s--- hits the fan... Sue Farbysmith 2020

Insults are engendered from vulgar minds, like toadstools from a dunghill - Charles Caleb Colton

We don't do charity in Germany, We pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn
Re: Tax refund [Re: lincle] #1071023
1st Aug 2019 5:37pm
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Hi All, Update . Apparently U.C class tax rebate of overpaid tax as earnings & deduct from monthly payment. Also having problem with PIP who are turning down thousands of claims from disabled people who have been getting DLA.They seem to think that a disabled person goes to bed ,then experiences a bolt of lightning & wakes up the next morning cured.! You then protest & wait approx 6 months then if your lucky they reverse the decision & backdate all the missed payments. Great but what do you live on in the meantime . PIP= People in Poverty.

Re: Tax refund [Re: lincle] #1071027
1st Aug 2019 9:26pm
1st Aug 2019 9:26pm
Joined: Jul 2008
Posts: 13,661
Birkenhead
diggingdeeper Offline

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Its unbelievable, I found the following about tax rebates ...

A repayment of income tax or national insurance contributions received by
a person from HMRC in respect of a tax year in which the person was in paid work is
to be treated as employed earnings unless it is taken into account as self-employed
earnings under regulation 57(4)


Its totally beyond credibility that you effectively loaned HMRC some money then when they pay it back, UC call it earned income. I'm sure a test case would destroy this, its against basic rights of ownership. If its a rebate from a previous year it is ignored by UC unless it is a large sum above the capital allowance.


The further you are down the pay scale, the more 'essential' you are when the s--- hits the fan... Sue Farbysmith 2020

Insults are engendered from vulgar minds, like toadstools from a dunghill - Charles Caleb Colton

We don't do charity in Germany, We pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn
Re: Tax refund [Re: lincle] #1071047
2nd Aug 2019 11:26am
2nd Aug 2019 11:26am
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Its a mad situation Digging ,the only time tax refunds or holiday pay from former employer is disregarded is when you have children or limited capacity for work. Getting limited capacity is just another long drawn out process involving mandatory reconsideration & tribunals which take forever. Get limited capacity approved & you get any deductions refunded. It doesnt matter how much proof you send it still has to go through the system. Lots of proof sent to PIP but they cant find it!! Thankfully it was sent recorded delivery so I know theyve got it somewhere. What a load of idiots .


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