Tax credits dispute

Bananas777

Hi, first time on here, hoping someone might be able to help.

The situation is that my family have had an overpayment of tax credits last year. This is due to them not accounting for my incapacity benefit as income, despite me telling them about the incapacity benefit when I called them.

Therefore we have an overpayment of around £1,600 as they have now recalculated it with the incapacity benefit being taken into account as income.

I have recently been awarded PIP at enhanced rate and been transferred to conts based ESA (support group) and have informed tax credits of this.

I sent in an Appeal about the tax credits overpayment and also sent in a Dispute form as was unsure which was appropriate. They have just written back to say they are refusing the Appeal as the incapacity benefit should be accounted for as income.

They have not written to confirm reciept of the Dispute form or of any progress with this, should they have? I receive the PIP and medical benefits due to a mixture of physical and mental health problems. Any advice welcome as to the Dispute and what to do next. Many thanks

Bananas777

Thank you- no it is since then x

Bananas777

I just told them of my husbands projected income and that I was also claiming incapacity benefit. He said he couldn't tell us our award it would be in the letter. That was how the conversation went. I assumed he had taken it into account as i mentioned it on the phone.

Bananas777

I haven't asked them what reason they didn't include it, just explained what happened, that I told them but they didn't include it.

nannytone_2

i presume the incapavity benefit wasnt included on the award letter too?
did you phone them to tell them they had misses the incapavity benefit off?

Bananas777

Hi no it wasn't in the letter. So I assumed it wasn't taken into account as income.

Bananas777

To be honest I was too ill around that time to be checking anything, I would be relying on them to have made the changes

Bananas777

Thanks Bubbles. I sent in the recent mail about my PIP award and mental health and it mentions about me having difficulties in processing information etc. This was because it means I know qualify for a disability premium in tax credits due to having enhanced rate PIP. I think i asked for them to use the info as it may be useful in the appeal / dispute as well so hopefully they are doing that.

Bananas777

PS as they have added the disability premium that is similar to the amount of the overpayment which basically brings us back to how things were!

pmlindyloo

It might be useful to make a request for your personal information as this should show up your telephone call giving them notification of your IB.

See here:
https://www.gov.uk/government/publications/dwp-request-for-personal-information

If you do this then make sure you reference your dispute and also in the space for further information ask them for a transcript of any telephone calls they received. If you have the date/name of the person you spoke to telling them about your IB then that would be useful.

This would also show that they had received the email about your difficulty with processing information.

nannytone_2

you use the tern 'we had an overpayment'
is it a joint claim?
if so then could they have been reasonably expected to check the award notice?