Overpayment 2017 - direct earnings arrest - help!

windswept2019

The debt is £2600.

WhenIam64

I'd second AH's comments in #4 as the HMRC will be the only ones with the information.

HMRC will reply to the SAR with a 4 page questionnaire about what you actually need so they can narrow down the information you need. Take great care when completing and returning that form as you could miss vital information

Icequeen99

If you were claiming UC, any tax credit debt is transferred to DWP and stays with DWP.

Even if you are not claiming UC, HMRC can now transfer debts to DWP. See https://revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/dealing-with-debt/dwp-and-tax-credits-debt-non-uc/

This is because DEA can only be used by DWP. HMRC can't use DEAs.

Who you need to speak to depends on what you want to do. If it is about the repayment/DEA and affordability then you need to speak to DWP debt management.

If it is about challenging the overpayment, then you need speak to HMRC. The problem is you are likely out of time. I don't understand what happened when you went to the Jobcentre, it would rare for DWP staff to sort out a tax credit overpayment. If you miss the 31 July deadline, it usually isn't a problem as long as you contact HMRC within 30 days of that, even then you have until 31 January if you have good cause for missing the deadline. However, it is too late to access both of those now.

I can't see that a dispute would be successful - unless you do a subject access request and see if there is anything in the HMRC notes or phone call recordings that show what happened with the DWP. An appeal in this situation isn't possible. Only other avenue would be a complaint.

Also, are you sure they have taken 30% of your net pay? For standard DEA the maximum is 20% of net pay (and that is only if your monthly earnings are more than 2240). The 30% rate would only apply in prosecuted fraud cases. See page 68 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/770083/benefit-overpayment-recovery-guide.pdf

IQ

WhenIam64

unless you do a freedom of information request and see if there is anything in the HMRC notes or phone call recordings that show what happened with the DWP.

Just a heads up. FOI's do not apply here. It is a Subject Access Request.

An FOI could be used for policy information or internal guides but all FOI's are scrubbed (redacted) of personal information. So SAR for personal information.

Newly_retired

Just to add that while normally getting your MP involved is a valid suggestion, at the moment you do not have an MP. Given the timing of the General Election, your new MP is unlikely to have time to support you for quite some time.

Icequeen99

WhenIam64 wrote: »

Just a heads up. FOI's do not apply here. It is a Subject Access Request.

An FOI could be used for policy information or internal guides but all FOI's are scrubbed (redacted) of personal information. So SAR for personal information.

yes, i was thinking of something else and didn't check what I had written. now edited. :rotfl:

Alice_Holt

Alice_Holt wrote: »

There are some knowledgeable posters here on TC who may be able to give you better advice.

I'm afraid there won't be a quick resolution.

Of whom Icequeen99 is one.

It should now be clearer to the OP, what initial steps to take to address her issue.

SAR to HMRC to discover if the salary, etc information they hold on you is correct and that they followed correct procedures and sent you all the required letters / notices.
https://revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/expected-hmrc-standards/hmrc-charter/

Negotiate with Debt management to get the deductions reduced due to financial hardship, using the link Icequeen supplied.

Involvement of MP if you do feel you have a case, and HMRC / DWP debt management are being particularly difficult.

None of the above is going to be straightforward as you seem to be out of time to challenge HMRC through the usual routes of a dispute (TC846) and an appeal / mandatory reconsideration, but you will find the links supplied useful.

Please do let the forum know how you get on, as this may help other posters.TC overpayments often crop up here.

Natasha1986

Hi, I'm after some advice please. I have an attachment of earnings in place for a joint claim. Which have been in place for a month. My oh has now had the same thing sent to his employer. Ive spoken to dwp who confirmed I am paying the debt. So I can't understand why they are chasing him too. Any advice would be appreciated
Thanks in advance

Alice_Holt

As it was a joint claim, you will both be responsible for the repayment of half any overpayment.

https://www.litrg.org.uk/tax-guides/tax-credits-and-benefits/tax-credits/what-can-i-do-if-i-have-overpayment

"So I can't understand why they are chasing him too."
I'm sure if you wished to settle the entire overpayment, so that your OH does not have to repay any debt, you could arrange this with HMRC.