tax credit overpayment.

scattykatty

ive contacted the credits office 4 times over the past year to inform them that they are overpaying me and still payments were never amended. Im yet to submit this years earnings. If they say they've overpaid me am i liable as it's their error?

KeaneFan10

Yes you are still if you have spent the money that you were not entitled to then they will still want it back unless you have put what they over paid you to one side so you can return it, i was in the same situation i was over paid £1000 and they are taking next year from my payments

AnxiousMum

If you know you are not entitled to it - have you tried writing them - with some proof of postage, to inform them? Also, if you know that you are receiving money you are not entitled to - if you've put it to one side then when you get the overpayments letter you should be able to take care of it at the time.

scattykatty

I have not written to them but have dates and times of the telephone calls ive made. I was under the understanding that if you informed them of the changes within a month and they have not adjusted it the you are not liable as this is them carrying out their side of the agreement. I have no money put aside because even though the year the earnings were based on were good this last year hasn't been so i have needed to use it. on three of the occasions i was told that it had been passed to the credits office and that i would have to wait for them to deal with it. Then finally on the 4th they said because it had been 6 weeks since i rang they could pass it onto their supervisor. That was back in march, still nothing. I first informed them begining of August last year, then again in September and October, always beiing told the same thing WAIT! Im not denying they've overpaid me im just arguing that its their error so why should i repay!

AnxiousMum

scattykatty wrote: »

I have no money put aside because even though the year the earnings were based on were good this last year hasn't been so i have needed to use it.

If your income went down dramatically over the financial year, did you notify them of this change? That would increase your payments wouldn't it? Last April when you renewed, did you give them actual earnings from the year before or an estimate only?

scattykatty

first figure was estimate and then contacted them 2 weeks later with actual figure but accountants had messed up with the estimate and there was a big difference. Tax credits said that because it had gone beyond the 30th June it had to be passed to the credits office. I think i'll just have to wait and see what happens this year when i submit the earnings and this will definitely be the final figure not an estimate.

kizzy2010

i'm pretty sure that if you can prove it is their error and not yours (ie you have done things correctly and informed them of any changes/incorrect payment amounts), then you will be able to appeal against them asking you to pay the money back. i dont believe any of us, if we're honest, would put that money aside "just incase", especially if you have been honest and informed them of the mistake.
i may be wrong, i have picked up little bits of info in the last couple of days from doing my own research into their procedures.
hope all works out

SuziQ

Kizzy I have to say I disagree with you. It's one thing to not know you are being overpaid, spending the money and then being shocked to recieve a demand for repayment. If you KNOW you are being overpaid however I honestly think it is your own responsibility to set the money aside and repay that money YOU WERE NEVER ENTITLED TO.Let's face it, we are all quick enough to demand what we are owed when the correct money isn't paid.

OP- you may well find that you haven't been overpaid, or not as much, due to your earnings reducing. I hope that is the case for you and you can stop worrying!

kizzy2010

im not saying i would be shocked at receiving a demand for overpayment, im saying that the op did the honest thing in informing hmrc that he was being overpaid. they chose not to act on that information.
thats like saying if you found a tenner on the street and tried to hand it back to the rightful owner, but they refused it, you wouldnt go and spend it, just in case they came and asked you for it at a later date.
i think people really do need to be honest with themselves.
if you found yourself in the ops situation, with mouths to feed and bills to pay, the money was there, his conscience was clear, he needed to use it so did so.
its their !!!! up not his

SuziQ

kizzy2010 wrote: »

if you found yourself in the ops situation,

in answer to your implied question-yes I would expect to repay-if you are not entitled to the money, you are not entitled to it, full stop. I always give back extra money given to me in change in a shop too-that is how I prefer to live and raise my kids.

scattykatty

suziQ I think you are being a little unfair. I am not a dishonest person hence the effort I made to inform them of the overpayment. And I did also put money aside to repay however illness which resulted in low wages for a while meant that the money was needed. Im not going to sit there and let my kids go hungry and without when money is sat there in the bank. If im due to repay the money they that's what i'll do however the system should seriously be revised to save people like myself ending up in arrears this was never an issue when the old style family credit was in place and was awarded every six months.