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Overpayment Appeal

edited 4 December 2012 at 2:47PM in Tax credits & benefits for work
3 replies 25.2K views
OlothOloth Forumite
7 posts
edited 4 December 2012 at 2:47PM in Tax credits & benefits for work
Hi there!

Please bear with me as i'm new to forums and such like! I have been claiming Working tax credits and the disability component of that (I have severe Psoriatic Arthritis and am eligible for the DLA)

I have made some mistakes with my Working tax credits claim and as such it has led to an overpayment of £1,006 which the government is now trying to claim back. Please can someone advise on any help as to how I may be able to appeal or refute this.

It seems now they will not back-date my claim for Working tax credits for the months I have missed, or remove the overpayment from the system. This means my working tax credit for the remainder of this year will be used to pay the "overpaid" amount, that I should have been entitled to (And more).

Can anyone offer any advice, or should I consider talking to a solicitor?

Some additional Information:

I Did not process my renewall until november (I know this is silly but due to health concerns, change of job, loss of a family member, personal commitments and my education i completely lost track of my payments and renewal concerns)

I changed employment in january 2012 (And did not make them aware at the time, again another silly mistake I know but they have since been informed and this has only affected 2 months of the claim)

I am still eligible for Working tax credits (however it seems ever more likely that the entire credit will be going to pay back this "overpayment")

I have sent in a dispute notice as advised by them, but as they "have made no error" they advised that they would be looking to reclaim the money....

Thank you in advance!!!

Replies

  • miduckmiduck Forumite
    1.8K posts
    ✭✭✭
    HMRC are correct, they may write off an overpayment where there has been an official error, but as you admit the fault it wholly on your part you stand no chance of having it written off.
  • McKneffMcKneff Forumite
    38.3K posts
    Part of the Furniture 10,000 Posts
    ✭✭✭✭✭
    Have to agree with Miduck on that one.

    You fully admitted that it was your fault, so you do indeed have to pay it back.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • CAB_Birmingham_representativeCAB_Birmingham_representative Organisation Representatives - Private Messages may not be monitored
    89 posts
    Hi,
    We must start by apologising for the delay in responding to your message.
    As you are aware it is your responsibility to notify the HMRC of any changes in your circumstances throughout the year. Some changes of circumstance must be reported within one month of them happening and, if not, the claimant may face a penalty.

    Although you have accepted responsibility for the overpayment, it may still be possible to ask the HMRC to reconsider their decision to recover the overpayment on the grounds of hardship. If recovery of an overpayment causes hardship, HMRC may reduce or write off an overpayment altogether. You will need to explain why you will be unable to meet essential living expenses and should be prepared to answer more detailed questions about your individual circumstances.

    Alternatively, it may consider recovery over a longer period of time. This will depend on individual circumstances. HMRC should exercise its discretion in making a decision. You seem to have taken the appropriate step to do this by completing form TC846.

    On receipt of the completed form TC846, the Overpayments Dispute Team should acknowledge receipt. It then decides if all or part of the overpayment should be recovered. The claimant should receive a letter containing its decision. The letter should show HMRC's reasons for non, partial or full recovery. If you think that the decision is unsatisfactory, you can ask for it to be reconsidered in writing. If you are still not happy with the outcome, you can complain to the Tax Credits Office.

    Finally, you can ask the Adjudicator and possibly then the Parliamentary and Health Service Ombudsman to look at whether the decision is reasonable. You may also, exceptionally, consider judicial review.

    Hope you find this helpful

    Regards
    Citizens Advice Bureau
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
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