hmrc say I can't appeal. help!

[moneycantbuyyoulove]

hmrc recently wrote to me to say that I can't appeal a tax credit decision because I said in my letter that I wanted to appeal against the overpayment outstanding on my Tax Credit award.

 

I had written to them because they erroneously overpaid me and are now asking for it back. They paid me despite my telling them to stop and as I understand it they are not allowed to ask for overpayments back when they have made a mistake like this. It was not clear that they were paying me because I received child tax credit, working tax credit and childcare element and it was only the childcare that should not have been paid but all the payments got mixed up together.

 

So I am fairly sure that I am in the right, BUT they have now said that I can only dispute the overpayment, not appeal. I don't understand the difference to be honest. Is this right? Or should I get back to them and query the appeal refusal? All help gratefully received.

[honeybee13]

Hello there.

 

I'm sorry you haven't had any replies yet, I'll try to get you some help.

 

My best, HB

[moneycantbuyyoulove]

thanks honey bee. I'd be grateful for some advice on this one if anyone knows the answer!

[slick132]

Thread moved into Benefits main section as your query is not so much a HMRC (or tax) issue.

 

Hope you get the advice you need now.

 

[estellyn]

You should be able to appeal the overpayment on grounds of official error if you want to - though it is very hard to be successful in HMRC appeals of this sort.