overpayment

gordonpringle

I'd love to hear thoughts on this please..
My 17yr old son moved out in October I told the Child benefit office who said they would inform tax credits. I received a letter from child ben saying I would continue to get the money for him until Dec 1st so when tax creds kept paying me i assumed (I know silly me) that the same applied. I've had a letter today saying it's My fault and I must repay as I didn't tell them !
I really can't afford to have a chunk taken from what little money I now get

gordonpringle

Thanks, I feel that as child benefit told me they would inform them and I then had confirmation that child benefit had updated their records I really had no reason to think tax creds were not aware. I am happy to repay as long as its at a rate I can afford. I'll contact child benefit and get a copy sent before I reply to tax creds

help4help2013

they can set up a repayment plan only offer what you can afford aslong as they are getting the money back

UnderPressure

I would challenge it as I know first hand that if you make changes with one of them and the change IS relevant to the other they always offer to notify the other on your behalf, had this happen a couple of times with change of bank details so I think I would challenge this on this occasion.

UnderPressure

blondebubbles wrote: »

They could always notify change of address or bank details as these changes don't affect your entitlement to either benefit.

However a change in circumstances such as the change the OP has would affect entitlement and there always seems to be an issue with the education changes.

Yes I understand that but if they have offered to inform tax credits of the change and this is on the recording then surely there is little they can do about? Internal error no? Has to worth a try surely?

rogerblack

UnderPressure wrote: »

Yes I understand that but if they have offered to inform tax credits of the change and this is on the recording then surely there is little they can do about? Internal error no? Has to worth a try surely?

Can you get any more information of if in fact child benefits informed HMRC?
If HMRC were in fact told by them, then the claimant cannot be not reporting a new fact to them.

Icequeen99

rogerblack wrote: »

Can you get any more information of if in fact child benefits informed HMRC?
If HMRC were in fact told by them, then the claimant cannot be not reporting a new fact to them.

It is a tricky one. Under the legislation, the claimant must notify Tax Credit Office. Not HMRC generally, but TCO specifically (the designated office).

HMRC have obviously introduced a process that is supposed to be helpful but obviously if it fails it leaves the claimant in a difficult position.

I think it should be written off under COP 26 principles as an error on the part of CBO (the guidance used to cover specific error by HMRC or DWP but not sure if it still does without checking) providing there is evidence to support it.

IQ

rogerblack

Icequeen99 wrote: »

It is a tricky one. Under the legislation, the claimant must notify Tax Credit Office. Not HMRC generally, but TCO specifically (the designated office).

HMRC have obviously introduced a process that is supposed to be helpful but obviously if it fails it leaves the claimant in a difficult position.

I think it should be written off under COP 26 principles as an error on the part of CBO (the guidance used to cover specific error by HMRC or DWP but not sure if it still does without checking) providing there is evidence to support it.

IQ

I was meaning TCO - if TCO has been in fact informed of this - and not taken note (by CB) - then it would seem to be official error.

Icequeen99

blondebubbles wrote: »

The OP could do a SAR for the notes on their TC claim. That should show if TC got the change.

But whether they did or not wouldn't make any difference to the OP's situation as all they did was tell Child Benefit. Whether CB failed to pass it on or did pass it on but TCO failed to act to me seem to be the same situation from a dispute perspective.

IQ

rogerblack

Icequeen99 wrote: »

But whether they did or not wouldn't make any difference to the OP's situation as all they did was tell Child Benefit. Whether CB failed to pass it on or did pass it on but TCO failed to act to me seem to be the same situation from a dispute perspective.

IQ

It's not.
If TCO did not get it from CB - then it's pretty straightforward - they didn't properly notify TCO - though their is an argument to be made that they didn't do so for good reason.
If TCO did get it from CB - but ignored it - then while the claimant did not notify TCO - there is no overpayment due to the claimant because of this - as if TCO had acted appropriately with the information they hold - there would be no overpayment - it's official error.

If an office is told a thing, it's told a thing.
Unless there are good reasons to throw out that information, or not process it - it is then assumed to know it.

I would also be interested in making freedom of information requests requesting from both sides details of how data transfer works, and what should happen with the data.