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  • FIRST POST
    • nicdigby
    • By nicdigby 16th May 19, 10:00 AM
    • 57Posts
    • 2Thanks
    nicdigby
    Does an official error overpayment have to be declared on CTC income form?
    • #1
    • 16th May 19, 10:00 AM
    Does an official error overpayment have to be declared on CTC income form? 16th May 19 at 10:00 AM
    Hi there,
    You lovely people helped me a few months ago; the backstory is that I successfully claimed ESA(C) and had told the ESA people on the application form that I was in receipt of Carer's Allowance at the time of application for ESA.

    The ESA people started to pay me and then wrote to me to tell me my claim was successful. I rang them to say I was still receiving CA and was it actually permissable to get both at the same time? They said they did not know but would ask the correct dept to call back; but they didn't. I rang again. Got a call a few days later to yes it was fine to receive both at the same time. I asked for a letter to confirm which I received on headed paper from ESA.

    I asked on here and was told you can't get both at the same time because they are overlapping benefits and that I had been told wrongly - yu advised me to call CA people directly, despite the fact that I had already spent two hours on the phone to the DWP about this issue.

    I put in a complaint to ESA and they found in my favour and that ESA should have informed CA directly and had had several chances to do so, and that I had asked them twice about this issue and been given the wrong information.

    The letter I have from ESA complaints says that "this is an official error and you will not have to pay the resulting overpayment".

    The overpayment is a few hundred pounds.

    Roll forward to this week and I have to fill out my CTC declaration of income etc for the last tax year.

    I have called ESA to ask if I have to declare the official overpayment. They don't know and say I should call CTC - but I have had bitter experience with that "helpline" in the past where I have been told the incorrect information and it had a big impact on my life.

    I wondered if anyone here knew if there is any guidance, legislation or document published about whether or not an official error overpayment from ESA can subsequently be counted as part of my income for the CTC forms (and which may then reduce my CTC for the next year).

    Many thanks for any help you can offer.
Page 1
    • pmlindyloo
    • By pmlindyloo 16th May 19, 10:43 AM
    • 12,335 Posts
    • 14,145 Thanks
    pmlindyloo
    • #2
    • 16th May 19, 10:43 AM
    • #2
    • 16th May 19, 10:43 AM
    We do have some tax credits 'experts' on here but they may not reply until much later.

    I suspect that they will want to know some details about your income for the last tax year and your income for the next tax year (including any CA payments)

    Might also be a good idea to confirm your PIP award (daily living and mobility) and your child's DLA award.

    Plus any interest over £300 from your savings.
    • nicdigby
    • By nicdigby 16th May 19, 3:02 PM
    • 57 Posts
    • 2 Thanks
    nicdigby
    • #3
    • 16th May 19, 3:02 PM
    • #3
    • 16th May 19, 3:02 PM
    "Might also be a good idea to confirm your PIP award (daily living and mobility) and your child's DLA award"

    Is that part of my income for the CTC purposes then? I thought they only wanted taxable benefits info and I don't think PIP or DLA are taxable???.
    • calcotti
    • By calcotti 16th May 19, 5:01 PM
    • 2,471 Posts
    • 1,660 Thanks
    calcotti
    • #4
    • 16th May 19, 5:01 PM
    • #4
    • 16th May 19, 5:01 PM
    "Might also be a good idea to confirm your PIP award (daily living and mobility) and your child's DLA award"

    Is that part of my income for the CTC purposes then? I thought they only wanted taxable benefits info and I don't think PIP or DLA are taxable???.
    Originally posted by nicdigby
    Correct. You can ignore PIP and DLA.
    • nicdigby
    • By nicdigby 16th May 19, 9:36 PM
    • 57 Posts
    • 2 Thanks
    nicdigby
    • #5
    • 16th May 19, 9:36 PM
    • #5
    • 16th May 19, 9:36 PM
    Thanks calcotti. Have you got any insight into my original question please ie do I have to declare the official error overpayment as income for CTC end of year form?
    • pmlindyloo
    • By pmlindyloo 16th May 19, 10:00 PM
    • 12,335 Posts
    • 14,145 Thanks
    pmlindyloo
    • #6
    • 16th May 19, 10:00 PM
    • #6
    • 16th May 19, 10:00 PM
    "Might also be a good idea to confirm your PIP award (daily living and mobility) and your child's DLA award"

    Is that part of my income for the CTC purposes then? I thought they only wanted taxable benefits info and I don't think PIP or DLA are taxable???.
    Originally posted by nicdigby
    I was thinking about the disability elements in tax credits for your child. Sorry, your PIP might only make a difference if you were claiming working tax credits, which you aren't.

    You might want to try putting your information into a benefits calculator (www.entitltedto.co.uk) with the inclusion of the CA you have received to see if you will receive less CTC or the same.

    Tax credits is not my area of expertise but the calculator may help.

    Otherwise it's a telephone call I'm afraid.
    • calcotti
    • By calcotti 17th May 19, 6:50 AM
    • 2,471 Posts
    • 1,660 Thanks
    calcotti
    • #7
    • 17th May 19, 6:50 AM
    • #7
    • 17th May 19, 6:50 AM
    Thanks calcotti. Have you got any insight into my original question please ie do I have to declare the official error overpayment as income for CTC end of year form?
    Originally posted by nicdigby
    I donít know the answer to that.
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