Bad Employer

Jan 22, 2004 6 Replies

My daughter (single parent, low income in receipt of Working Tax Credit), was overpaid at the end of last September by her company to the tune (they said) of three months WTC, they asked if she would prefer to keep the pay as it was and have no WTC for the next three months, or whether she would prefer to have that months wages cancelled and repaid. The latter choice would have meant waiting an extra week for her pay, which with a 5 year old and a mortgage she couldn't afford to do, so she put the overpaid WTC in a savings account and sensibly drew a third of it out every month to go with her salary.



NOw this month her wages office is saying that the lump sum they paid in advance was too much anyway and are not paying her any WTC this month AS WELL as deducting a further 54 - leaving her with less than 200 to live on for the month - which won't even cover her mortgage.



Her pay office are unhelpful and refuse to explain further (they are also a distance away and only available to talk to via a telephone). They have also been paying the WTC as an addition to her gross pay and taxing it - a fact which the tax office don't want to know about as they say if she is overtaxed it can be put right at the end of the tax year....but for a low paid single parent (who by the way rarely gets maintainance form her ex either) this is no help at all.



The WTC helpline say they can't help - so ------ advice anyone please....or do we just wait until she can't pay the mortgage or feed her child?....sorry for that last quip but I feel so helpless and angry - especially as I live a fair distance from her and can only help over the telephone.



Thanks for listening even if no one can help.



Linda


Has she checked the figures against her tax credits award notice which the IR should have sent her?

If they are taxing her WTC then something is going very wrong the employer's payroll system - sounds like the WTC is being entered as pay instead of tax credits - even at year end there'll probably be hassle sorting it out as the employer will probably report the amount at earned income rather than tax credits on the P60. This needs sorting ASAP, tell her to keep on at payroll about this. If it has been taxed and NI'ed she should get a nice refund.

If she gets nowhere with payroll, get onto the WTC helpline again and ask if they can pay the WTC direct (like they do with the CTC - why they like to pay one direct and one via the employer is beyond me).

Or she could walk into her local tax office, armed with her tax credits award notice, all her payslips for this tax year, the phone number of the payroll department, and her child, and refuse to leave until they have sorted it out.

"Lynda" wrote in news:qCNPb.8834$ snipped-for-privacy@newsfep4-winn.server.ntli.net:

Priority No. 1 is to remedy the short term cash shortfall.

She should go to her local Job Centre and explain that she has a young child and needs urgent assistance (explain why). She may be able to get help from the Social Fund, and the Job Centre will be able to direct her to further help. See:

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If she gets no help there, she should go to her local Citizen's Advice (CAB) office.

Priority No. 2 is to get some action on the bad treatment she is suffering from.

Here again, the CAB can help:

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Finally, is she claiming everything to which she is entitled? Too many people do not:
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She is very lucky to know that you are on her side. Although you live at some distance, I'm sure you could help her further - perhaps by telephoning on her behalf to her employer to find out what is going on. Their behaviour with regard to the payment of WTC sounds decidedly suspicious, and arouses the thought that their may be some irregularity in their administration that should be reported. Perhaps they are trying to work the system so as to benefit their cash flow.

Presumably if WTC entitlement is conditional on working, channelling it via the employer seems an easy way of avoiding fraud.

Don't forget the sandwiches, flask of soup, and sleeping bag.

"Andy Pandy" wrote

... point out to them the *illegality* of an employer witholding a portion of someone's pay without their agreement??

It is conditional on working, but it would be an unusual fraud to pretend to be

*in* work rather than out of work. Someone out of work would almost certainly get more in benefits than they'd get in tax credits if they pretended to be working. Besides it would be quite easy to cross check against PAYE/NI records that a person was actually employed.

Possibly a tube of superglue (there was a case of a man supergluing his hand to the desk at the tax offoce).

And the glue to stick yourself to the counter ...

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