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Child Benefit Retroactive Payment Denied - next move?

Child Benefit Retroactive Payment Denied - next move?

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Old Jun 5th 2012, 10:09 pm
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Default Child Benefit Retroactive Payment Denied - next move?

Hi all, I am a long time lurker, rare poster! (My apologies this is a long post but it is a long story!)

Anyhow, we have been in Canada now for 8 years and are PRs. 2.5 yrs ago I had a baby, born in Ontario. We applied for the child benefits at that time and it was still the paper forms. In my "new baby/exhaustion haze" I failed to give all the information that was asked for in a form that at the time i was struggling to make head nor tail of (I did mention that i was in a fog right?).

Anyhow, so received a letter about 3 months later asking for more information - we provided that. Then another 6 months after that we got another letter asking for yet more information. We were told we had 30 days to respond or they would cancel the application. We couldn't make the 30 day deadline on this so I called CRA (before the deadline) and was told that they would not cancel the application and to send the information, so that is what we did (we were max a month late). And then we waited.....

About 4 months after that we had still not heard anything so i called them up and of course they had cancelled the application! I was flat out told to just start all over again. Lesson learned - do not believe what CRA tell you over the phone!

So we started again. By this time it was all online and a piece of cheese to apply. We did that and started to receive payments when my daughter was almost 2, and we did receive 11 months retroactive at that time.

So i called CRA and asked about the other 12 months of payments that they owe us. I was advised to write a letter asking for retroactive payment. Did that. Then got a letter for more information - i mean seriously they already know my life story!!!

Here is where it got messy (more than it already was!). They wanted proof that i was the primary caregiver in the first 12 months, and proof consists of :
- letter from doctor : well he left town about 6 months ago so i cant get that
- letter from social worker : didn't need one
- letter from nursery: i took 12 months mat leave and stayed home so didn't use one
- letter from priest/clergy: don't have one

So i was stuck. we needed 3 pieces from "positions of authority" that will attest to me being primary caregiver for first 12 months!
Remember that in those first 12 months i received EI maternity benefits and CRA were writing to me about my first application so you would think it was a given. I wrote a letter explaining everything, sent copies of the letters they had sent to me, and sent what bits and pieces i had (prescription receipts with the same address on, swimming course receipt, visits to a nurse).

Anyhow, my application got denied saying i did not prove i was primary caregiver! The cheek of it! I was. I stayed home with her for 12 months (taking a big income hit!). So now what is my next move? CRA owe me $1,200 in UCB that we are entitled too + any benefits that would be calculated but i have no idea on the next move.

Has anyone been through an application for retroactive payments? What did you use?

I honestly feel like i am being penalised because i took care of my baby myself without the need of social workers etc. I am angry and confused as to what they want, and how on the one hand they can pay out EI and then on the next not UCB saying i am not primary caregiver!

Any ideas?
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Old Jun 5th 2012, 10:15 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Originally Posted by bouncycat
Hi all, I am a long time lurker, rare poster! (My apologies this is a long post but it is a long story!)

Anyhow, we have been in Canada now for 8 years and are PRs. 2.5 yrs ago I had a baby, born in Ontario. We applied for the child benefits at that time and it was still the paper forms. In my "new baby/exhaustion haze" I failed to give all the information that was asked for in a form that at the time i was struggling to make head nor tail of (I did mention that i was in a fog right?).

Anyhow, so received a letter about 3 months later asking for more information - we provided that. Then another 6 months after that we got another letter asking for yet more information. We were told we had 30 days to respond or they would cancel the application. We couldn't make the 30 day deadline on this so I called CRA (before the deadline) and was told that they would not cancel the application and to send the information, so that is what we did (we were max a month late). And then we waited.....

About 4 months after that we had still not heard anything so i called them up and of course they had cancelled the application! I was flat out told to just start all over again. Lesson learned - do not believe what CRA tell you over the phone!

So we started again. By this time it was all online and a piece of cheese to apply. We did that and started to receive payments when my daughter was almost 2, and we did receive 11 months retroactive at that time.

So i called CRA and asked about the other 12 months of payments that they owe us. I was advised to write a letter asking for retroactive payment. Did that. Then got a letter for more information - i mean seriously they already know my life story!!!

Here is where it got messy (more than it already was!). They wanted proof that i was the primary caregiver in the first 12 months, and proof consists of :
- letter from doctor : well he left town about 6 months ago so i cant get that
- letter from social worker : didn't need one
- letter from nursery: i took 12 months mat leave and stayed home so didn't use one
- letter from priest/clergy: don't have one

So i was stuck. we needed 3 pieces from "positions of authority" that will attest to me being primary caregiver for first 12 months!
Remember that in those first 12 months i received EI maternity benefits and CRA were writing to me about my first application so you would think it was a given. I wrote a letter explaining everything, sent copies of the letters they had sent to me, and sent what bits and pieces i had (prescription receipts with the same address on, swimming course receipt, visits to a nurse).

Anyhow, my application got denied saying i did not prove i was primary caregiver! The cheek of it! I was. I stayed home with her for 12 months (taking a big income hit!). So now what is my next move? CRA owe me $1,200 in UCB that we are entitled too + any benefits that would be calculated but i have no idea on the next move.

Has anyone been through an application for retroactive payments? What did you use?

I honestly feel like i am being penalised because i took care of my baby myself without the need of social workers etc. I am angry and confused as to what they want, and how on the one hand they can pay out EI and then on the next not UCB saying i am not primary caregiver!

Any ideas?
that's really weird. They should be able to tell from your (lack of) income tax return that you weren't working.
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Old Jun 5th 2012, 10:22 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Hi Kiwilass,
i filed a tax return for the mat leave as it didn't align with a calendar year so i had income for some months, plus you have to declare EI on a tax return if you receive it. So it is all in the system....
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Old Jun 5th 2012, 10:25 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Originally Posted by bouncycat
Hi Kiwilass,
i filed a tax return for the mat leave as it didn't align with a calendar year so i had income for some months, plus you have to declare EI on a tax return if you receive it. So it is all in the system....
Lie back and enjoy the blessings of residing in Canada, rejoice in the bubbly vitality of your child and kiss your $1200 goodbye. Really, is it worth stressing over? You obviously survived those 12 months, so what's the big deal. Entitlement?
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Old Jun 5th 2012, 10:50 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Originally Posted by Novocastrian
Lie back and enjoy the blessings of residing in Canada, rejoice in the bubbly vitality of your child and kiss your $1200 goodbye. Really, is it worth stressing over? You obviously survived those 12 months, so what's the big deal. Entitlement?
Is it entitlement? errr YES!

Let me think where i would rather the money sit, in my pocket or CRA's?

$1200 is a nice flight for my daughter back to UK to visit grandparents, not to be sniffed at. I wish I were rich enough to simply not care about $1200+.
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Old Jun 5th 2012, 10:51 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Write down what happened in a very calm and objective way. In particular make it clear why you have been unable to provide the information they wanted in the timescale they wanted.

Write a separate letter stating that you were the primary caregiver for the period in question. Give the dates. Take this to a notary, swear the contents are true and get the notary to witness it as a statutory declaration.

There must be someone who knows you were the primary caregiver who is not your immediate family. Maybe your OH's employer? Ask them to sign a statutory declaration as well.

Put all this this with whatever other evidence you can find together, nice and neatly indexed, and send it you your tax office with a polite request to review their decision.

No guarantees, but the statutory declaration is the same as making a statement under oath in court. I have found it can get the CRA to change its mind unless they strongly suspect the taxpayer is trying to pull a fast one.
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Old Jun 5th 2012, 11:04 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Originally Posted by bouncycat
Is it entitlement? errr YES!

Let me think where i would rather the money sit, in my pocket or CRA's?

$1200 is a nice flight for my daughter back to UK to visit grandparents, not to be sniffed at. I wish I were rich enough to simply not care about $1200+.
You are already rich in the benevolent paradise that is Canada.
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Old Jun 5th 2012, 11:09 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Originally Posted by Novocastrian
You are already rich in the benevolent paradise that is Canada.
Yes, very good!
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Old Jun 5th 2012, 11:26 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Is it ScotiaBank that said....."You are richer than you think you are"?
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Old Jun 5th 2012, 11:33 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

I'd go with JonboyE's advice.

Take the emotion out of the whole thing and itemise everything that has happened, in date order and purely by facts. Get someone else to read it through for you before you post it.

Then sit back and wait. The hours and stress you could put into fighting this might not be worth it, but give it one last shot!
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Old Jun 6th 2012, 2:18 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

There are easier ways to earn $1200.
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Old Jun 6th 2012, 3:10 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Originally Posted by bouncycat
Is it entitlement? errr YES!

Let me think where i would rather the money sit, in my pocket or CRA's?

$1200 is a nice flight for my daughter back to UK to visit grandparents, not to be sniffed at. I wish I were rich enough to simply not care about $1200+.
Have you given any thought to contacting your Provincial Legislature member and/or your Federal MP?
If you are entitled to the money then go after it.
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Old Jun 6th 2012, 3:12 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Have you tried contacting your Federal Member of Parliament's Constituency office? I don't put a lot of faith in politicians these days but its worth a shot.
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Old Jun 6th 2012, 3:40 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

Originally Posted by Auld Yin
If you are entitled to the money then go after it.
Typical UK mentality
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Old Jun 6th 2012, 4:54 pm
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Default Re: Child Benefit Retroactive Payment Denied - next move?

i have 3 kids and didn't realise we were entitled to child benefit until about 18 months in..any way we applied and were told they only back date for 12 months prior to your application..so we never got the first six months..to my knowledge they are supposed to pay every 6 months in arrears but we haven't received any payment for 2011?
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