Huge TC overpayment that's wrong

Alice_Holt

Can I clarify:
When you say "Tax credits turned down my reconsideration.", does that mean you have a Mandatory Reconsideration Notice from HMRC.

If so, then the next stage is to appeal to the Tribunal Service (TS) on a SSCS5 form. The letter should tell you this. There are time limits to continue your appeal to the TS, so get the appeal lodged asap.

Here is the form:
https://formfinder.hmctsformfinder.justice.gov.uk/sscs5-eng.pdf

This is a helpful site on HMRC appeals:
http://revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/appeals/starting-an-appeal/

It's good that you have seen your MP - can he intervene with the HMRC on your behalf?
If HMRC have completely ignored the other job you had in that year which, then that could be quite significant.
Have you checked if your local CAB / advice agency can help you with the appeal?
https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/working-and-child-tax-credits/tax-credits-appeals/appealing-a-tax-credits-decision-at-a-tribunal/

I am assuming you have been through this process:
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/challenging-a-benefit-or-tax-credit-decision-asking-for-a-reconsideration/

Justwe03

Thank you Alice, it said they’d looked at my reconsideration but haven’t changed their decision and because it’s an overpayment I can’t appeal. I’m on my way back to London for work for the week, but I’ll see if I can get a snippet of the letter without any personal details on.

My M.P. has taken some of my evidence and is going to write to them on my behalf.

CAB weren’t able to get a specialist over to my area in time before the reconsideration was due so I’ve been going at it a bit blind, and I’m now away for work during the week and Home at the weekends.

I’ll have a proper read through those links shortly thank you

Alice_Holt

I believe when you get your final award notice this constitutes a decision you may be able to challenge by way of an MR and appeal to the TS.

Hopefully darksparkle will come back to your thread, she is more knowledgeable than I on Tax Credits.

I wonder if you had another job that has been ignored by HMRC and would have taken you up to the 16 hour threshold - if it's worth raising a complaint with HMRC?
That might mean your case gets looked at with greater scrutiny.

Darksparkle

It’s important to get the right route with these things.

Very simply, appeals are for when your award is incorrect. Disputes are for when your award is correct, you’ve been overpaid but you don’t believe you have made an error.

In your case it will be an appeal. You won’t be appealing an overpayment, you’ll be appealing their decision to ignore one job and the hours of the other.

KiKi

I can't help on benefits, but with regards to your employment situation, Sangie on the employment board will be able to give you some excellent advice. She's frank speaking, so it may not be what you want to hear(!), but she'll tell you what you need to know to progress anything with regards to your current employer.

Really sorry for your loss.
KiKi

Icequeen99

Darksparkle wrote: »

It’s important to get the right route with these things.

Very simply, appeals are for when your award is incorrect. Disputes are for when your award is correct, you’ve been overpaid but you don’t believe you have made an error.

In your case it will be an appeal. You won’t be appealing an overpayment, you’ll be appealing their decision to ignore one job and the hours of the other.

As DS says there are two routes - disputes and appeals

It sounds like they have treated your initial challenge as a dispute - that sounds like a typical dispute response.

You need to send in a mandatory reconsideration form (WTC/AP) and explain that they have incorrectly treated your first attempt at reconsideration as an appeal. This is an entitlement issue and it needs to be treated as such - you need a mandatory reconsideration notice before you can go to tribunal stage.

IQ