Tax credits dispute

Icequeen99

nannytone wrote: »

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?

This is correct.

Even if the OP had mental health/physical ill health, that wouldn't count as exceptional circumstances on a joint claim because HMRC would expect her husband to check the award notice.

If the error was clear on the award notice then unfortunately this is going to be a difficult one to dispute in my experience.

IQ

Bananas777

Thanks for your replies, all helpful. It's not simple, my husband also has crohn's and was in and out of hospital during that time- I don't really want to bring this up too. We could easily send them a copy of consultants letters etc if needed I suppose. He probably wouldn't have realised to be honest and would have through it wasn't included as was a benefit. I have called the tax credits line and they say they are looking at the dispute and will let me know in due course. I think they say it can take up to 13 weeks? Does anyone know?:)

I am just going to see what they say then take it from there.

Icequeen99

Bananas777 wrote: »

Thanks for your replies, all helpful. It's not simple, my husband also has crohn's and was in and out of hospital during that time- I don't really want to bring this up too. We could easily send them a copy of consultants letters etc if needed I suppose. He probably wouldn't have realised to be honest and would have through it wasn't included as was a benefit. I have called the tax credits line and they say they are looking at the dispute and will let me know in due course. I think they say it can take up to 13 weeks? Does anyone know?:)

I am just going to see what they say then take it from there.

You will have to bring it up I suspect.

When they look at your dispute - they look to see if HMRC met their responsibilities and whether you met yours. HMRC failed to meet theirs by not including it as income. But to win the dispute, you have to show you met your responsibilities - which includes checking the award notice and telling them it was wrong. You didn't do that, so under ordinary circumstances the dispute would fail.

However, if you can show there were 'exceptional circumstances' as to why you failed to check your award notices then you can still succeed. In a joint claim, those exceptional circumstances would need to affect both people and you will need to show you took steps eventually to correct the mistake.

Good luck.

IQ

Bananas777

Thanks- that's really useful We did ring it up when we went over the final year check thing- review or whatever it is. I've also been on a site called Tax Credit Casualties which was useful.

Wonder whether should bring it up now or just wait?