Tax Credits overpayment.

blackcloud
blackcloud Posts: 377 Forumite
edited 22 July 2017 at 8:58PM in Benefits & tax credits
Hello all

I got a tax credits over payment. They did not put down the correct amount that I told them over the phone when making the declaration.
So I want to dispute/appeal it.
I have requested a copy of the call that proves I gave them the correct information.
Howver, I have read there is only a 30 day time limit to submit a mandatory reconsideration and it will take longer to get my evidence of the phone call.
So I am wondering what people would advice me to do?

Also I dont understand what I need to do? either

a) mandatory reconsideration?
b) dispute

Whats the difference?

https://www.gov.uk/tax-credits-appeals-complaints/dispute-tax-credits-overpayment

Also reading on here it says:
"ask for a ‘mandatory reconsideration’."
"You need to do this within 30 days of getting your award notice."
https://www.gov.uk/tax-credits-appeals-complaints/disagree-with-a-tax-credits-decision

But does that mean if you a "Dispute a tax credits overpayment" and it fails you have then 30 days to ask for a ‘mandatory reconsideration of getting your award notice.’. But if you get your award notice and you dispute it, I would imagine it would take upto or longer than 30 days, meaning that you have no time left to make a ‘mandatory reconsideration’."?

Can you not just make a ‘mandatory reconsideration’. rather than making a dispute? which is better? which in this situation would be better?

Can I make a mandatory reconsideration and if no sucesss make a dispute?
Do you think they can listen to a call when assesing a mandatory a reconsisderation.

I did notice this:
"You can’t ask us to reconsider a decision asking you to pay back an overpayment."
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/592684/WTC_AP_01_17.pdf

Thanks in advance!
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Comments

  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    The correct amount for what? Your income? For which year? When did you notify them? Are they now refusing to change it?
  • blackcloud
    blackcloud Posts: 377 Forumite
    The correct amount for what? INCOME FOR 16/17 TAX YEAR

    Your income? YES INCOME FOR 16/17 TAX YEAR
    For which year? 16/17 TAX YEAR

    When did you notify them? MADE THE ANNUAL DECLRATION IN MAY 2016 OVER PHONE AND GAVE THEM EXPECTED INCOME FOR 16/17 TAX YEAR, BUT THEY PUT IT DOWN ABOUT 9 THOUSNAND LESS THAN WHAT I TOLD THEM, WHICH THEN MEANT I HAVE JUST FOUND OUT THERES AN OVER PAYMENT OF JUST OVER £2,000 FOR THE TAX YEAR 16/17

    Are they now refusing to change it? YES, THEY SAID I WILL NEED TO REQUEST A COPY OF THE PHONE CALL I MADE IN MAY 2016 MAKING THE DECLARATION AND THEN CHALLENGE IT. THEY SAID WELL WE SENT YOU A LETTER AFTER YOU MADE THE ANNUAL DECLATRATION WITH THE ESIMATE FOR 16/17 INCOME AND YOU SHOULD HAVE NOTICED THAT IT WAS NOT WHAT YOU GAVE THE ADVISOR OVER THE PHONE, BUT TO BE HONEST I READ THE LETTER BUT ITS SO EASY TO MISUNDERSTAND IT AS ITS SO BADLY PUT TOGETHER.
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    When you reported the change in 2016 did you receive an amended awards notice?
  • blackcloud
    blackcloud Posts: 377 Forumite
    edited 22 July 2017 at 10:48PM
    I got a Final Tax Credits decision a few days after making the renewal over the phone at the end of May 2016.
    The only reference I can see that is possibly made about the advisor putting the wrong income down for 16/17 is on the last 2 pages (on letter dated end of May 2016) it says:

    PAYMENTS IN 2017-2018
    We have used an income of £12,000 to work out your payments from 16th April 2017.

    I did read this and presumed that it mean't something else, dont even know looking back on it what this mean't.

    THE ESTIMATED INCOME FOR 16/17 WHICH I TOLD THE ADVISOR ON THE PHONE IN MAY 2016 WAS £21,000. BUT THE ADVISOR TOLD ME ON THE PHONE YESTERDAY, "OHH WE HAVE AN INCOME OF £12,000 FOR 16/17 BUT YOUR INCOME WAS ACTUALLY £21,000 WHICH IS WHAT YOU DECLARED IN YOUR DECLARATION IN MAY 2017" BUT I TOLD THEM IN MAY 2016 THE INCOME FOR 16/17 WOULD BE £21,000, IT WAS £12,000 FOR 15/16 BUT NOT FOR 16/17".
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    edited 22 July 2017 at 11:14PM
    The final awards notice received in May 2016 would have been for 2015/16. What did your initial awards notice for 2016/17 show? Or any amended awards notice for 2016/17?
  • blackcloud
    blackcloud Posts: 377 Forumite
    edited 23 July 2017 at 12:29AM
    The only letters I have from Tax Credits in 2017 are a letter dated May 26 2017 which say "Provisional Tax Credits for 2017/18" and 2nd May 2017 "tax credits annual review for year ending April 2017"

    Amended Tax Credits Award 22/06/2015 - 05/04/2016 letter dated 12th Feb 2016 (A few days before I got this letter I called them to tell them the household income had increased to £21,000 from this point onwards)

    LETTER SAYS
    TOTAL INCOME FOR THE YEAR APRIL 2015- APRIL 2016 IS £16,000

    LETTER DATED MAY 27TH 2016 (A FEW DAYS AFTER MAKING THE ANNUAL DECLARATION OVER THE PHONE I GOT THIS LETTER)
    FINAL TAX CREDITS DECISION FOR YEAR JUNE 2015 - APRIL 2016


    WE HAVE MADE A FINAL DECISION ABOUT YOUR AWARD BASED ON THE INFORMATION FOR YOUR INCOME

    TOTAL INCOME FOR THE YEAR 2015 - 2016 = £12,000

    (FUTHER DOWN THE PAGE)

    TAX CREDITS AWARD FOR 2016-2017
    IT HAS YOUR RIGHTS AND OBLIGATIONS AND THE AMOUNT OF TAX CREDITS TO BE PAID ETC ETC

    WHY WE ARE WRITING TO YOU
    THANK YOU FOR THE INFORMATION YOU GAVE US ABOUT YOUR TAX CREDITS CLAIM . THIS AWARD NOTICE GIVES DETAILS OF YOUR TAX CREDITS AWARD FOR APRIL 2016 - APRIL 2017


    (THEN OTHER INFORMATION ABOUT LIVING EXPENSES ETC ETC. THEN UNDER OTHER HELP YOU MAY GET TALKS ABOUT OTHER HELP YOU MAY GET AND THEN IT SAYS)

    THE INFORMATION WE HAVE USED TO CALCULATE YOUR TAX CREDITS IS £12,000 (BUT WHAT YEAR IS THAT TALKING ABOUT?)

    (THE FUTHER DOWN THE PAGE IT HAS)
    INCOME FOR 15/16 IS £12,000

    FROM APRIL 6TH 2017 YOUR INCOME WILL BE BASED ON £12,000 .

    THEN EVERYTHING ELSE IS JUST BANK DETAILS, HOW MUCH THE TAX CREDITS WILL BE ETC....

    IN TOTALLY CONFUSED????
  • blackcloud
    blackcloud Posts: 377 Forumite
    Darksparkle what do you think?
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    Did you receive your initial tax credits award for 2016/17 or an amended award for 2016/17?

    I'm not asking about awards received for 2017/18.

    If you report a change of circumstances you should expect to receive an awards notice detailing the change and if not contact them to question why not.
  • sheramber
    sheramber Posts: 18,783
    First Anniversary I've been Money Tipped! First Post Name Dropper
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    THIS AWARD NOTICE GIVES DETAILS OF YOUR TAX CREDITS AWARD FOR APRIL 2016 - APRIL 2017

    (THEN OTHER INFORMATION ABOUT LIVING EXPENSES ETC ETC. THEN UNDER OTHER HELP YOU MAY GET TALKS ABOUT OTHER HELP YOU MAY GET AND THEN IT SAYS)

    THE INFORMATION WE HAVE USED TO CALCULATE YOUR TAX CREDITS IS £12,000 (BUT WHAT YEAR IS THAT TALKING ABOUT?)


    This states the award notice gives details for April 2016 - 2017. That is the year they are talking about.
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    I'm not trying to be difficult but it would help if you could answer my question, did you receive an initial award for 2016/17 or any amended awards?

    You say the above is from the final tax credit award for 2015/16.

    Also when you got this awards notice tthat they were basing it on £12,000, did you not question it?
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