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Tax credit overpayment demand for 3 years ago


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I had problems with overpayment that was no fault of my own about 3 years ago, as far as I remember they sent me a duplicate payment and it was totally their fault.

I had some communications with them and complained but haven't heard anything for at least 2 years.

In the latest tax credits forms for the last couple of years NO mention of overpayment was mentioned, in fact an UNDERpayment was mentioned!

Now out of the blue they send a letter demanding overpayment! They do not state the period of time involved in the letter (extracts below) they say is:

"We have already told you about the overpayment of tax credits detailed above"


"If payment is not made by this date I shall commence enforcement proceedings"


"Details of how to pay can be found with demands for payment sent to you previously"


no dates of when they sent these at all!


I have heard nothing for at least two years and now sent a very threatening letter demanding a large sum of money!

I am on tax credits for a reason.... I don't have a lot of money!

Can they make demands like this if they haven't communicated for years and if the fault was completely theirs can they demand it back anyway? Do they have a right to demand back money when they made the mistake?

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Can anyone tell me if this could apply to Tax credits in a similar situation like mine?

From the sticky threads:

"CPAG’s appeal has been successful. The Court of Appeal accepted CPAG’s argument that s 71 was part of a complete statutory scheme and that the DWP had no power to recover outside the scheme. Put simply, the DWP can only recover under s 71. This means that if overpayments are caused by the DWP’s own error the Department cannot recover them by suing at common law in the county courts. Claimants who have been overpaid as a result of the DWP’s own errors can choose to repay voluntarily if they wish to."

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No, I'm afraid not. The SSAA does not apply to tax credit.


However you don't need to rely on the SSAA in any case because the tax credit overpayment you refer to was a duplicate payment issued to you as a result of their error; they haven't met their responsibility. They should not recover an overpayment where the overpayment was a result of them not meeting one (or more) of their responsibilities, where the claimant has met all of theirs.


Complete this form and send it to them.


Link to the tax credit manuals.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.



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