Tax Credits overpayment

[minkie64]

Hi

 

I wonder if anyone has managed to have their tax credit overpayment written off?

 

I got a letter in 2015 from HMRC telling me I owe £390 from 2009. I have no other details. They past the debt to Pastdue. I read all the tax help I could and found this

 

“Claimant is on sickness/incapacity benefit

Where a claimant is in receipt of a sickness benefit such as incapacity benefit or employment and support allowance, cannot afford to offer any repayment to HMRC and there is little prospect of them ever gaining employment, HMRC should write off the outstanding overpayment. If there is some prospect that the claimant may be able to enter employment in the future, recovery should be suspended for 12 months and the situation reviewed at the end of that period.”

 

 

I wrote to Pastdue, sent them income / expenditure and said I couldn't afford to pay and asked them to write the debt off as per HMRC guidelines. I got a letter back a week later saying past back to HMRC

 

I heard nothing till today when I got a letter from HMRC saying I owed them £390.

 

I went back to my letters and checked my link, it's now changed slightly to this

 

Claimant is on sickness/incapacity benefit

 

Where a claimant is in receipt of a sickness benefit such as employment and support allowance, cannot afford to offer any repayment to HMRC and there is little prospect of them ever gaining employment, HMRC should remit the outstanding overpayment. If there is some prospect that the claimant may be able to enter employment in the future, recovery should be suspended for 12 months and the situation reviewed at the end of that period. If the claimant becomes entitled to universal credit then the tax credit debt can be collected by DWP from the UC award.

 

I called HMRC to ask ask for them to write the debt off and was told I need to call back with a full income / expenditure but he said they don't write any debt off...

 

so, I am confused as to why the website would say this, why I haven't heard anything for years and wonder what is the best way forward.

 

I can't afford to pay them anything, but would pay £1 a month to stop any further actions.

 

any help?

 

thanks

[London1971]

I had more than £11,000 written off. It would seem that you have already found the online COP 26.

 

9 times out of 10 you will get a negative answer if you ring up. Send it to them in writing , giving details of your illness. I recommend a note from your GP/ Consultant explaining medications, side effects etc.

 

Also take a look at this thread

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481277-Tax-credit-Overpayment-..-PLS-Advise-**-RESOLVED-**&p=5088400#post5088400

[minkie64]

so I wrote to them...sent income and expendiure but messed it up..I said my daughter is paying my half of the mortgage till house is sold, but never went on to tell them it's in negative equity and after the charging order is paid ( put that as debt ) there is no money.

 

I didn't add PIP as I thought it didn't count towards income? I did put petrol on but no other costs as PIP covers everything else

 

this is the reply from them

 

You indicate you heard nothing between 2009-2015 although we did send letters regarding this. We also attempted to recover this amount through your PAYE in this time. On returning from DCA your overpayment is still due and payable. If the amount was remitted we would have notified you about this.

 

You provided income and expenditure as written indicates negative income. There is no explanation as yo how you are affording to spend more than you receive financially.

 

Omitting non necessary items from your income and expenditure shows you are in a position to repay this overpayment. You also list assets that ca be used for recovery of what is due.

 

Please call us immediately to discuss repayment options. Further legal action will be taken if you do not pay.

 

 

 

 

I don't know how to respond - can I offer £1 a fortnight? I would rather try to get it repaid rather than they take my benefits for a few months....it is only £390 outstanding so don't want any court hassles...

 

any ideas?

 

thanks

[unclebulgaria67]

PIP does not count as income as far as I am aware. It is a disability benefit to enable you to live independently. Benefits that are counted as income would be Universal Credit, ESA, JSA. If you claim such benefits, they would make a deduction towards the debt. If they could have made such a deduction from PIP they would have done so.

 

Up to you. Send more accurate income/expenses info and ask for this to be looked into again. Or just accept you owe this debt and offer them £x per week, based on the revised income/expenses details you send them.

[minkie64]

hi

 

I will just accept it and make on offer, I can't deal with the stress ( already been sick after a panic attack when I read the letter)

 

it's £390 I owe, so if I offer £10 a month, it will be gone in 39 months or less if I can pay more.

 

Does anyone know of an amount they will accept?

 

I am on ESA

 

Thanks

[unclebulgaria67]

ESA is in a bit of a mess at the moment. DWP have closed offices as part of transfer process to UC.

 

Might be why no deduction from ESA yet.

 

Think normally the longest period of repayment is 24 months.

[minkie64]

this over payment is from 2009 when I was working, I stopped working in 2011 due to bad health. not heard anything since 2015 so yes, it's all a mess....

[unclebulgaria67]

Could be worse. Have seen people with debts of tens of thousands !

[minkie64]

it's all relevant to where you are financially I think they shouldn't be able to do anything this far down the line...and when they know I am on benefits...we all know there isn't anything left over from paying for essentials (

People have had thousands written off as well...I never gt things to go in my favour!

[London1971]

I had more than £11,000 written off. It would seem that you have already found the online COP 26.

 

9 times out of 10 you will get a negative answer if you ring up. Send it to them in writing , giving details of your illness. I recommend a note from your GP/ Consultant explaining medications, side effects etc.

 

Also take a look at this thread

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481277-Tax-credit-Overpayment-..-PLS-Advise-**-RESOLVED-**&p=5088400#post5088400

 

When you wrote to them did you do this ?

 

Please read this thread

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481277-Tax-credit-Overpayment-..-PLS-Advise-**-RESOLVED-**&p=5094404#post5094404

 

And this one, local MP got involved!

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481027-DWP-Dea-overpayment-of-tax-credits-or-UC-from-yrs-ago!-**RESOLVED-BY-MP**&p=5070721#post5070721

Edited October 3, 2018 by dx100uk
merge

[minkie64]

Hi,

 

Yes, my original letter I asked for the £390 to be written off due to financial hardship - I got the info from direct gov website rather than COP26 leaflet - this is what I quoted in my letter

 

“Claimant is on sickness/incapacity benefit

Where a claimant is in receipt of a sickness benefit such as incapacity benefit or employment and support allowance, cannot afford to offer any repayment to HMRC and there is little prospect of them ever gaining employment, HMRC should write off the outstanding overpaymenticon. If there is some prospect that the claimant may be able to enter employment in the future, recovery should be suspended for 12 months and the situation reviewed at the end of that period.”

 

 

I think my problem is that I didn't include PIP but put petrol on income / Expenditure form. I also have a joint mortgage with my daughter, who is currently paying it all. This started in April when the Mortgage interest payment changed from a benefit to a loan. I have a CO on the property and we didn't want DWP putting another on. The house is currently up for sale for less than paid. We also have a homebuyers 25% loan to repay, so assuming it sells at current price there will be nothing after Mortgage, Homebuyers loan, CO, solicitors and estate agents fees...I didn't go into all this though as I didn't know how to word it all without looking like I was trying to avoid them or worse, they go after the house....I did say my daughter was paying my half of the mortgage though, but not that house is up for sale. AM sure they check rightmove etc!

 

They know I haven't worked since May 2011 and they know I am on ESA in the support group. I did explain this and say I had a chronic condition with very little chance of any change to my circumstances.

 

I am in a luckyish position that my daughter makes sure all the bills are covered which is why I am not in arrears with these. but once I move, money will be tighter for me

 

I just feel totally overwhelmed by them and not really sure what is essential ...they accuse me of omitting non essential items - I don't even know how to respond to that!

 

I didn't lie or try to deceive them, I tried to write a letter stating the facts and include as much information as I could, yet I feel they have picked over my letter and replied in a very negative accusing way along with a threat of further action.

 

it seems unfair they can chase something after 9 years and not a word for 3 years

 

Sorry to rant on!

[London1971]

Do as I said.

 

Your income / expenditure here is irrelevant. You have received their stock answer. Explaining your sickness and a GP/ Consultant's letter will get the debt written off.

 

1. get a letter from your GP / consultant explaining your illness, treatments side effects etc and that stress is not good for said sickness

 

2. Write off to them with a copy of said letter, explaining that you are sick, and unable to work , and on X treatment, and that any further harassment could make things worse, as it is putting on a huge amount of stress (you can ask your GP to write that). Tell them if they need any more information feel free to contact said GP Consultant.

 

3. They will write it off because they get 1000's writing with reasons they can't pay but a tiny percentage like you proving that you are ill and therefore HMRC will not want to be responsible for making things worse for the sake of £390

[minkie64]

hi London1971

 

many thanks for your help

 

I'll call my gp tomorrow and get an app to see him and ask for a letter..

 

will update as soon as I can

 

thanks