Tax Credit overpayment - **Resolved**

[travisb]

Long story short.

 

Got a letter from HMRC saying we'd been over payed due to not informing them of a change in our son's circumstances.

 

He had started a modern apprenticeship in October 2014 after leaving school. I phoned and informed them at the time but although they acknowledge the phone call they claim that no request was made to update our details, which is quite frankly absurd. Why else would I have been on the phone to them otherwise?

 

Anyone have any experience of this or how to challenge it?

[blondebubbles]

You have 3 months from the decision letter to dispute any overpayment. Are you still within this timescale?

 

Info here on how to dispute - https://www.gov.uk/tax-credits-overpayments/dispute-form-tc846

 

You may want to make a subject access request for a record of your calls.

 

https://online.hmrc.gov.uk/shortforms/form/DPU_SAR

 

Did you make any further calls to ask why you were still being paid if you knew you shouldn't have been?

[travisb]

You have 3 months from the decision letter to dispute any overpayment. Are you still within this timescale?

 

Info here on how to dispute - https://www.gov.uk/tax-credits-overpayments/dispute-form-tc846

 

You may want to make a subject access request for a record of your calls.

 

https://online.hmrc.gov.uk/shortforms/form/DPU_SAR

 

Did you make any further calls to ask why you were still being paid if you knew you shouldn't have been?

 

I've got a SAR prepared but I thought it might be worth just asking them for a copy of that particular call. Probably better just to go with the SAR do you think?

 

No, I didn't ask why they were over paying because I didn't know. I assumed that since I had fulfilled my obligation to notify them of a change of circumstances they would have made the appropriate adjustment. They actually haven't said what the overpayment amounts to yet either .

 

Thanks

[blondebubbles]

You need to make a SAR to get a copy of the call. It cannot be requested any other way.

 

Have you completed your annual review and been sent a final award for the 2014/15 tax year?

 

HMRC state that one of your responsibilities is:

"If you don’t get an award notice within 30 days of telling us about a change in circumstance let us know as soon as possible."

 

They may use that against you in a dispute.

[travisb]

 

Have you completed your annual review and been sent a final award for the 2014/15 tax year?

 

Yes, although only an estimate as I don't submit a final figure for my income until January when the tax return is done.

 

HMRC state that one of your responsibilities is:

"If you don’t get an award notice within 30 days of telling us about a change in circumstance let us know as soon as possible."

 

They may use that against you in a dispute.

 

I'm not sure if I did get an award notice, I'll have to have a dig through the big box of depressing documents to check.

 

Surely though if they have been informed of any change it is there responsibility to deal with the information and act upon it.

[travisb]

Just to update.

 

I requested a reconsideration back in July and just this morning got a reply. Took a while but worth the wait.

 

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[antone]

That's good news, and thanks for coming back to let us know what happened.