Challenging an overpayment of tax credits

Zajko_Zuzulyatovsky

Hello,

Can anyone help with the following situation:

I've just received an overpayment demand for £1,200 and am disputing it because I informed them of when I changed jobs in Jan 2019. (Sent them a letter within a month of starting) which they confirmed they received.

They have told me that the overpayment stems from the fact that they used my income for 2019 to calculate my income for 2020. Which in clearly wrong becaues my income changed in Jan 19 (went up by a few grand) with the new job and they failed to take this into account.

I actually phoned them up and they advised me to lodge an appeal with them which I have done.

(Throughout this everything else has remained the same, partner's income, kids etc etc)

Do I have a case?

Thanks in advance!

Zajko

Icequeen1

Based on what you have said above, no you won't be successful with an appeal. An appeal is used where you disagree with the entitlement decision. It sounds like the overpayment might be correct, but you feel you shouldn't have to pay it back because you informed HMRC of the change and they did not act on it. If that is right - then it is a dispute you need which is different to an appeal. DIsputes are on form TC846. 

However, you will have to show HMRC failed to meet their responsibilities and you met yours. That depends on what paperwork you received after you reported the change and your new income figure and whether you queried with them why your payments had not changed. 

Alice_Holt

https://revenuebenefits.org.uk/pdf/COP26.pdf