ODSP Overpayment & Income Tax

[Vintage]

I think this may be a bit of an unusual situation, but hoping someone
might have some ideas, who I should contact about this.

I went on ODSP back in 2002 due to a stroke. Before that I had been
working full time for many years. Due to my stroke and other
situations beyond my control, I did not file my taxes for 2002 or
2003, until 2004. At that time I used a program that was directly on
the Revenue Canada site...it was the first time they had offered a
software program for filing your taxes. It was called something like
Q-tax or Cute Tax....and it was the ONLY year they used that
particular program as it was much later discovered that it had
"glitches" in it. I got "caught" with one of those glitches.

In 2005 when I went to file my 2004 income taxes, that's when this
glitch showed up. Since 1994 I had been receiving $7200 in child
support yearly....I was NOT receiving spousal support, as I was
working full time so obviously didnt need spousal support. Makes
sense, right?? You would think so!

For some reason, when I clicked on that "fill in the blanks" type
button on that income tax program on the Revenue Canada site, and it
is supposed to put the various amounts in the corrects spots and
calculate it for you....well for some reason, for 2002 ONLY, it put
that $7200 Child Support amount ALSO into a line marked "other income"
but then did NOT calculate it into the form. So it was just "there"
on this line marked "other income". Because it was the same amount as
my child support, I never even noticed it had become a second entry!
Why would I?? Why would I even think a program directly from Revenue
Canada itself, would not calculate properly....and after a stroke, my
math skills were not up to par and that's why I used the program in
the first place!! Yes I know I could have had someone do it for me,
or H&R, but when I saw the program available on the itself, it felt
like I'd struck gold and could do it myself after all!

In November 2005, I had to submit my income tax statements to my
housing manager as I was in RGI housing. As I had filed a couple
years together, I still hadn't received a "full statement" yet, told
her this and she was okay with it. I thought. When it finally came
in, I took a copy of it before even reading it really, and dropped it
into her mailbox.

Next thing I know, I'm getting letters, calls from Revenue Canada
saying I had misfiled my income tax for 2002 and that I OWED taxes on
the $7200 "ALIMONY" I had received but never actually claimed. To
this day I'm still not completely sure how it happened, but am only
going by what I've been told over the years. Turns out my building
manager saw that ONE line of "other income", automatically assumed I'd
received spousal support and REPORTED ME to Revenue Canada without
even coming to me and asking me about it. If she had, I likely could
have done something about the error back then, in the first place.
She also felt it was her "duty" to report me to my ODSP worker for
possibly "defrauding ODSP"! Hence an overpayment was issued and for
the next several YEARS I paid off this overpayment to the tune of
about $39 per month. My last payment was sometime in mid 2006.

As I have been having "issues" with Revenue Canada over an entirely
unrelated matter since 1996, this possible "defrauding" put a nice
little "flag" on my file which is still there to this day I believe.
I'm still in battle with Revenue Canada over this 1996 issue, and the
$7200 issue just added fuel to the fire so to say, but I was told by
one of their auditors in 2009 that the $7200 issue had been
rectified. I've heard nothing since.

As I was going to try get caught up again with my income taxes (I dont
file every year because of the 1996 situation) this year, and when
discussing the whole situation with someone this past weekend, it was
pointed out to me, that if this $7200 issue has now been apparently
resolved, then why haven't I gotten that ODSP Overpayment back??

I must admit, I'd not thought of it till now. The guy was right ...
if Revenue Canada has apparently "rectified" the situation, then
shouldn't I be entitled to even some of that "overpayment" back? How
would I go about even finding out about that, at this late date?
Should I maybe contact ComSoc themselves?? One of the Tribunals? Ask
Revenue Canada to find out for me?? (Yeah right, I know...like
THAT's going to happen!)

Any ideas, suggestions, links whatever is appreciated and you are also
welcome to contact me off-list about this as well.

Thanks.
~ Nancy

[aline legault]

sure is worth whatever you need to do ...
a few folks I know have been hit with owing them,
they're on old age pension now and are told they were overpaid some years ago.
not just one isolated incident
so if they can take it , they have to dish it out too!
good luck!

 

Aline
have a blessed day

---

From: Vintage <vintag...@gmail.com>
To: ODSP Fireside <odspfi...@googlegroups.com>
Sent: Mon, April 25, 2011 2:06:34 PM
Subject: [odspfireside: 36571 ] ODSP Overpayment & Income Tax