Col and overpayments

Scoopbig

Hi
Recieved a letter with an amended award for tax credits. Summary of which is £400 (or thereabouts) up until -April 2023. I have been advised that 50%of this award has been allocated to pay off previous overpayments. My son left education in July and therefore his part in the claim ended. 

I have been told that as I have already been paid £220 (prior to the qualifying dates for 2nd col payment) I am not eligible for this?

The £400 annual award takes into account the change in circumstances

surely they are penalising me for trying to repay previous overpayments? As if they hadn’t  taken off 50% of my claim I would be receiving payments on the qualifying dates. Tried to call them but feel like I’m speaking to a brick wall. 

Anyone else had problems with this?

Any advise appreciated 
thanks

poppy12345

The criteria for tax credits CoL payment was in 2 parts...

You will be eligible for the second Cost of Living Payment of £324 if you received, or later receive, for any day in the period 26 August 2022 to 25 September 2022 either:

• a payment of tax credits for the tax year 2022 to 2023
• an annual award of at least £26 of tax credits for the tax year 2022 to 2023

This means if you had an annual award of just £26 then you would have qualified.

Scoopbig

My last payment was 7th July and 
HMRC have stated that I don’t qualify.

my award 2022/2023 is  £397.76 

Payments I have  received are £222.20 up to 7th July (which was about £16pw) 
the remainder has been collected for overpayments. 

I was sure that I would qualify as the only reason there are no payments being made to me is because I’m paying back,  but they are adamant that I’m not eligible. 

Been on the phone to them for over 4 hours today and I’m not sure if I’m wrong now 🤯

poppy12345

Scoopbig said:

My last payment was 7th July and 
HMRC have stated that I don’t qualify.

my award 2022/2023 is  £397.76 

Payments I have  received are £222.20 up to 7th July (which was about £16pw) 
the remainder has been collected for overpayments.

Which to me means you do qualify but i maybe wrong, others will comment and give their opinion, i'm sure.

sheramber

this may be the problem, your child tax credit stopped on 7 July.

If you get both Child Tax Credit and Working Tax Credit, you will receive a Cost of Living Payment for Child Tax Credit only, which will be paid by HMRC.

https://www.gov.uk/guidance/cost-of-living-payment?_ga=2.202052887.783926338.1671809853-618491917.1669631029&_gac=1.22376521.1671809853.Cj0KCQiAwJWdBhCYARIsAJc4idCBHeBpRVoyG69b7vLJ6ERBuN2dpWkLnx1e8J4Qwy6TXJkH7NDzYHUaAjFWEALw_wcB

strawb_shortcake

sheramber said:

this may be the problem, your child tax credit stopped on 7 July.

If you get both Child Tax Credit and Working Tax Credit, you will receive a Cost of Living Payment for Child Tax Credit only, which will be paid by HMRC.

https://www.gov.uk/guidance/cost-of-living-payment?_ga=2.202052887.783926338.1671809853-618491917.1669631029&_gac=1.22376521.1671809853.Cj0KCQiAwJWdBhCYARIsAJc4idCBHeBpRVoyG69b7vLJ6ERBuN2dpWkLnx1e8J4Qwy6TXJkH7NDzYHUaAjFWEALw_wcB

I had my last child tax credit payment on 8th July this year and still received both COL payments, also been over paid this year but not able to pay back just yet.

sheramber

Did you receive a payment during the assessment period :26 August to 25 September? 

The OP did not, which is why HMRC said no COL payment due. 

Whether HMRC are interpreting the information incorrectly is another matter. 

strawb_shortcake

sheramber said:

Did you receive a payment during the assessment period :26 August to 25 September? 

The OP did not, which is why HMRC said no COL payment due. 

Whether HMRC are interpreting the information incorrectly is another matter. 

No, you don't have to though. With tax credits you only have to meet one of the criteria not both, so an award of just £26 should give you the COL payment.

sheramber

Yes, that has already been said but HMRC are not acknowledging that.

The fact that you got a payment cannot be compared to the  OP as he did not get a payment during the  relevant period and that seems to have caused the problem. 

How does he convince HMRC that a payment is due?

strawb_shortcake

sheramber said:

Yes, that has already been said but HMRC are not acknowledging that.

The fact that you got a payment cannot be compared to the  OP as he did not get a payment during the  relevant period and that seems to have caused the problem. 

How does he convince HMRC that a payment is due?

But he did get a payment in the relevant period, in fact my payments and the OP's are very similar. 
I can only assume there are some underlying factors that blocked the payment, as surely it just comes down to the computer saying yes or no.

I thought there was a formal route to go down in the event of non payment?

poppy12345

annabanana82 said:

sheramber said:

Yes, that has already been said but HMRC are not acknowledging that.

The fact that you got a payment cannot be compared to the  OP as he did not get a payment during the  relevant period and that seems to have caused the problem. 

How does he convince HMRC that a payment is due?

I thought there was a formal route to go down in the event of non payment?

Nothing other than "report a missing payment" here. https://www.gov.uk/guidance/cost-of-living-payment#report-a-missing-cost-of-living-payment