Child tax credit overpayment

[boloney]

hi. HMRC have send me a letter claiming that I own them money which was overpaid to me over the period of last two years. I don't dispute the overpayment amount yet as I did't go through my paperwork yet.

Letter they send me was dated 10/08/2015 and in the letter they stated that they giving me time until 10/08/2015 to appeal (yes, I had only day to appeal their decision).

Is there any way I can dispute the overpayment on the basis that HMRC did' give me no time to appeal their decision?

Thanks

[blondebubbles]

It would depend on what this letter was and if it is the first notification.

 

What letter have you received? An award letter? A notice to pay letter? A letter from tax credit compliance?

 

An appeal may not be the correct route either, it depends on why the overpayment occurred. A dispute may be more appropriate. These are two different things.

 

Or the overpayment may be correct.

[boloney]

Letter they send me was 'Final Tax Credits decision for 04/2014-04/2015

Overpaiment was because I have earned 2.217 more than year before.

I can't believe it, my income was 2217 more than year before and they want back 3722, how does it work?

my income for last year was 27615 including 194 in IB JSA.

Even if I can't disagree with them because I did't report changes in circumstances on time can I do something because they did't give me no chance of appeal?

As I said before the letter they send to me was dated 10/08/2015 and it says I can appeal to 10/08/2015 which is the same day.

thanks

[blondebubbles]

Did you provide a lower estimate of your income at any point in the year?

 

An increase of £2217 wouldn't cause any overpayment because there is a £5000 disregard for income increases.

 

However if you provided an estimate of your income at any point that was lower, that may explain it

 

JSA IB should not be included in your income, only CB.

 

If the income on the award notice is correct then an appeal is not appropriate. A dispute may be more appropriate and must be done within 3 months.

[boloney]

my income for previous year (2013/2014)was 25398 and that what they used to work out my tax credits for year 2014/2015, I have't been in touch with them during that year.

do you think I have leg to stand on and dispute the overpayment?

Just found this website http://www.revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-the-disregard/

seems I can disagree with the HMRC final decision

[blondebubbles]

Impossible to say. Based on what you have said, there is no reason why you have been overpaid.

 

You need to find out why and make a decision from there.

 

You say you never contacted them during the year but for a time were on JSA which suggests a change in circumstances which should have been notified. Based on the income you have mentione (assuming you were in work the last few tax years) you should have been awarded JSA CB rather than IB. Are you sure you have the correct type?

 

The link you have posted does not cover overpayment disputes. However as I have said above, you can't take any action until you know what actually caused the overpayment.

[boloney]

I was self-employed during last 8 years, I may have been in touch with them to let them know that I'm back to work, if they asked me what my income will be I would more likely said to them it will be the same as year before (I don't like to own the money so would't like to be overpaid).

Have a look at the letter they send me and let me know what you think about it as it will be nice to get this overpayment scrapped as I have't got this money If you need to see any other letter let me know I can post those as well.

 

I will be applying for SAR from HMRC to see what info they have.

[blondebubbles]

The award won't tell me why you have been overpaid. A SAR isn't necessarily needed yet either.

 

Call them and ask for the reason for the overpayment. Without that no much advice can be given.

 

There are no WTC elements on the award for any of the tax year. If you were working for at least 24hrs per week. during the year there should be. You will need to establish why all work has been removed from the claim.

[boloney]

I will call them tomorrow and see what they will say.

do you know an e-mail address to them so I could do it that way?

I have applied for SAR few minutes ago.

Weel my income was too high for WTC, was't it?

I have been only self-employed and on IB JSA at the beggining of the tax year.

[blondebubbles]

No, your award is saying you were not entitled. It hasn't factored in the income as they do not have your work details to even begin the calculation.

 

There is no email for tax credits.

[boloney]

sorry but I don't get it

they have my income as 25398 for 2013/2014 and 27615 for 2014/2015

[blondebubbles]

Yes but they do not have your work details.

 

If you worked the correct number of hours (24hrs for a couple with some exceptions for incapacity) then your award would include:

WTC basic element

WTC couple element

WTC 30hr element (if working 30hrs between you).

 

Your award does not show any of this which suggests that at no time from 17/04/14 when your JSA shows as ending to 5th April 2015 do they have work information or they do not believe you were working.

[boloney]

Yes but they do not have your work details.

 

If you worked the correct number of hours (24hrs for a couple with some exceptions for incapacity) then your award would include:

WTC basic element

WTC couple element

WTC 30hr element (if working 30hrs between you).

 

Your award does not show any of this which suggests that at no time from 17/04/14 when your JSA shows as ending to 5th April 2015 do they have work information or they do not believe you were working.

I'm sure I told them that I'm going back to work. What happens if I did't?

[blondebubbles]

They may not be able to correct it as changes must be reported within one month.

 

However that wouldn't explain the overpayment.

[boloney]

I changed my address at the beginning of April so I was in touch with them to let them know about this. What do you think the reason for overpayment could be?

[blondebubbles]

Changing your address wouldn't change your work details?

 

I'm sorry to sound rude but as I have said, you will need to ask them.

[boloney]

They told me they calculated my income from 17k which was my income for 2013/2014 and that I never told them about me starting work again. Will have to get SAR and dig out all paperwork I have from them to see what's going on. Also how can I prove that I told them something if it was done over the phone?

[blondebubbles]

Wasn't your 2013/14 income £25K as you posted before?

 

You can ask on your SAR for a record of all calls you made.

[boloney]

Wasn't your 2013/14 income £25K as you posted before?

 

You can ask on your SAR for a record of all calls you made.

I will have to get all my paperwork sorted over the weekend and cross check with this what they telling me and than will be back here to let you know my story in details, as my paperwork isn't in order now so it's hard to work everything out.

hope you will be able to help me more on this subject.

[boloney]

Just found my tax return for 2014 and my income was 24812 after expenses. So I gave them this figure as I filled up annual review they sending me every year. Will have find the letter to confirm this or wait for SAR. What do you think about this?

[boloney]

I got the letters from HMRC dated 24/07/2014 one is final decision for 2013/2014 according to that letter my income for 2013/2014 reported to them was 25398 and another letter tax credits award for 2014/2014 according to this letter I was on IB JSA from 31/03/2014 to 05/04/2015.

Now the question is how did they worked out my CTC, was it worked out on no income due to them thinking I'm on IB JSA?

how can I prove that I told them about me stopping IB JSA in April 2014?

[blondebubbles]

Yes if you say you are on JSA (IB) then all income is disregarded so you get maximum tax credits.

 

Your SAR should provide a record of all contact made if you've asked for it. However the award in July should also show the error so you'd need to explain to them why it's only just now that you've noticed the error and not at the time when the award was sent to you.

[boloney]

Hi again. I did dispute the oberpayment at the end of October. How long do they have to respond to dispute letter? It there any timeframe they have to follow?

[boloney]

They responded to my SAR by sending me all the informations I did't want. They did send me tax calculation for few years back, nothing about tax credits.

[boloney]

How long do they have to respond to dispute letter? Is there any time limit?