Tax Credits Overpayment - Incorrect!

[smithy24b]

Hey guys

 

I receive tax credits - I am the only one working in my household, and on a low income!

 

In May, I called the tax credits helpline, and gave them my actual income for 08/09. They asked me whether I had been on maternity leave, I said that I had, and they told me to take off £100 for each week that I had been on maternity leave (32 weeks).

 

They then wrote me a letter in January this year, and asked me to give my actual income for the year 08/09. I called, and gave them my actual income, as stated on my p60. As they requested. They did not ask me to take off the £100 a week for maternity leave, and it was a couple of days later when I realised and called them back (1st Feb). I told them that I was not asked to take off the £100 a week, and they said that they had to send it off to head office, as that year had now closed.

 

They have not sent out a new award, saying that they have over paid me almost £1500! Now my payments are going to be £30 odd pounds a week (they were £80).

 

I called yesterday to see whether I could get any more information, and was told (by a very rude woman!) that it had been sent to head office, and there was no guarantee that they would take this into account, so the overpayment will remain there.

 

I am absolutely worried sick, I cannot afford to repay £1500 on my tax credits, we use this to live on, as my wages are swallowed up on rent, council tax and other bills! I wouldn't mind if they had genuinely overpaid me, but they have the wrong income details!

 

Any advice?

[SELV]

Hi ,something similar happened to me 3yrs ago,they overpayed me when I was off work ill,but because I went out and got myself a job I was told I had to pay £2310-00 back because they had overpaid me,because of my other money commitments they agreed that I could pay it back at £20-00 per month which I am doing and the direct debits finish in the year 2016 2years after my retiring age,It would have paid me to have NOT gone back to work.But the moral of my story is just offer to pay it back so much a month so you can still recieve your full benefits.

[smithy24b]

Hi SELV

 

Thanks for replying - I would offer to pay it back if I thought that I had genuinely been overpaid, but they haven't taken into account the statutory maternity pay, of which they discount £100 per week, so my estimated income WAS correct!

 

I have been told that it has been sent to Head Office, and it could take 12 weeks for a decision, but it states in my award that I only have 30 days to appeal - If I wait for the HO decision, then I have lost my right to appeal!

 

:-|

[adamrao]

smithy

 

have you actually filled TC846 form to dispute with the overpayment. Before you appeal you have to dispute with the O/P.

 

Though you have been told that your case is with HO but let me tell you if you don't keep the paperwork right you are giving them a reason to come back with same decision. Please send TC846 asap so they cant say in future that you never disputed. You can download TC846 from here http://www.hmrc.gov.uk/forms/tc846.pdf

[Advicenow]

www.advicenow.org.uk is a not for profit (charity) website that provides free information to the general public about their legal rights, and any issues that they may face.

 

We have produced a guide called 'Tax Credit Overpayments', which can be read by following this link:

 

http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/tax-credit-overpayments/

 

We explain what a tax credit overpayment is, what you need to do next, how you can appeal a decision, as well as other helpful information. We also have case studies of victims of tax credit overpayments, and explain how you can write a dispute letter to HMRC, and we signpost to other helpful organisations such as the Citizens' Advice Bureaux.

 

We are a charity: Charity number 1112627.