Working Tax Recovery after 6 years.

rubystone

My son has just received a demand for overpaid working tax credits. The demand goes back to 2008. Can they still demand this money after all this time? The appeal system looks difficult and he would have trouble finding all the paper work probably needed now. Please can anyone advise us?

tomtontom

They can, yes. The only thing they cannot do is pursue it through the courts. He can ask for proof of the debt if he is unsure if he owes it.

Icequeen99

blondebubbles wrote: »

Appeals would not be the route to go down either if you disagree with the overpayment. They have a separate dispute process for this.

But first he needs to establish the reason for the overpayment.

With the new 3 month time limit for disputes and the appeal time limit he will find it difficult even if he does get an explanation.

OP - even if he trys to get an explanation they will keep recovering in the meantime.

IQ

rubystone

Thank you for your help. It is much appreciated. I also wonder if as the claim was made jointly if his ex partner should be liable for half of the amount.

Icequeen99

blondebubbles wrote: »

I'm of the opinion that people should still dispute (if they have a valid reason) regardless of the timescales.

I don't agree that the timescales should apply to overpayments that occurred before they changed the rules.

This is just my own opinion.

But HMRC are refusing to look at them if they are outside of the 3 months.

I agree thought that it shouldn't have applied retrospectively.

IQ

SmokieJoe

When you say it goes back to 2008, do you mean for an award for the 2007-08 period? Does it say 06-04-2008 to 06-04-2008 (didn't complete the renewal)? Or 2008-09?

Icequeen99

blondebubbles wrote: »

That goes against their own guidance then because it says on their website that you can dispute an overpayment after 3 months in exceptional circumstances.

Yes, sorry I should have mentioned that bit but from the cases I have seen the exceptional circs have to be really exceptional and they haven't accepted the three cases where we have argued that the person didn't know about the time limit (because it is new) and didn't realise they had an overpayment from X years ago because they had no contact from HMRC.

IQ

rubystone

The letter my son received say periods ended:
05-04-2005
10-01-2008
17-01=2009

I have now written to them. I have told them he and his partner are now apart and have asked for time to pay as my son is out of work at the moment.

tomtontom

rubystone wrote: »

The letter my son received say periods ended:
05-04-2005
10-01-2008
17-01=2009

I have now written to them. I have told them he and his partner are now apart and have asked for time to pay as my son is out of work at the moment.

Can he not do that himself?

SmokieJoe

Were these seperate claims in each of the years listed, with a new claim made each time, or was it a continuous claim that had periods where overpayments occured?

[Deleted User]

rubystone wrote: »

The letter my son received say periods ended:
05-04-2005
10-01-2008
17-01=2009

I have now written to them. I have told them he and his partner are now apart and have asked for time to pay as my son is out of work at the moment.

I would imagine a letter from mother will be filed in the bin