Not the usual Tax credit overpayment thread

jobbybumface

Hello folks, can I just let you know the story, I am actually a tax credits advisor, working with HMRC and need a bit of help!?

I am currently helping my mother disoute a very old overpayment (2004) - Just to make you aware I am not breaking the law by helping her (As some people have suggested elsewhere).

Anyway, I know the ins and outs of the whole system, and incidentally, whilst im here will try to help as many people with their queries.

Having just read the entire tax credits act (Yawn) I have not came across anywhere where it states that HMRC and tax credits MUST make the changes you report within a certain timescale, anyone help?

Simon

System

I don't know of anywhere that it says TCO have to action a change of circumstance within a specific time after it has been reported. I do know that if you report a change of circumstance which will affect your entitlement you should expect a new award notice in the post confirming the change and telling you of any change in payment. If you don't then it's obvious that something has gone wrong and they expect you to let them know.

If your mum is going to dispute an overpayment then it is best if she arms herself with as much information as possible and to that end it is beneficial to make a Subject Access Request, asking for copies of the phone calls and any correspondence. Also if she hasn't already done so she should ask for a written explanation of how the overpayment supposedly arose. Then she can make the dispute.

I don't see anything illegal in helping your mum though obviously you should not access her record.

BTW it might be worth your while trying the tax credit casualty website as they have loads of experience and template letter samples and might be more up on tax credit law. (moderator remove that last bit if it isn't allowed)

HTH

jobbybumface

Pam17 wrote: »

I don't know of anywhere that it says TCO have to action a change of circumstance within a specific time after it has been reported. I do know that if you report a change of circumstance which will affect your entitlement you should expect a new award notice in the post confirming the change and telling you of any change in payment. If you don't then it's obvious that something has gone wrong and they expect you to let them know.

If your mum is going to dispute an overpayment then it is best if she arms herself with as much information as possible and to that end it is beneficial to make a Subject Access Request, asking for copies of the phone calls and any correspondence. Also if she hasn't already done so she should ask for a written explanation of how the overpayment supposedly arose. Then she can make the dispute.

I don't see anything illegal in helping your mum though obviously you should not access her record.

BTW it might be worth your while trying the tax credit casualty website as they have loads of experience and templates letter samples and might be more up on tax credit law.

HTH

Yeah thanks like I said I know the ins and outs of the system, have the SARS information with me already, I just NEED that part of the act which states when notified changes must be made my NTC within a certain timescale.

Similar to the 'you have to notify us of changes within 30 days'

themonkeybutler

They must make changes within 30 days of the change being reported. Failure to do so means they fail in their responsibilities. However, say for example you rang and told them on the 1st Jan that your child has left home. If they fail to make the change, but you do not question why a) your payments have not gone down, or b)why you have not had an award notice showing this change, YOU have failed your responsibilities.

Just because a change isnt made after being reported, it doesnt mean HMRC are at fault for you getting an overpayment as a result if you did not question it promptly.

jobbybumface

themonkeybutler wrote: »

They must make changes within 30 days of the change being reported. Failure to do so means they fail in their responsibilities.

Thanks monkey, can you find me any guidance, act or website, hopefully HMRC that states this

themonkeybutler

Im a little surprised you dont know this already if you work in TCO, but here it is...

http://www.hmrc.gov.uk/taxcredits/things-go-wrong/where-to-start/rights.htm#a

Remember though, simply because they may have failed in one responsibility, it by no way means you will get your overpayment remitted - theres a lot more to it than that.