recoverable overpayment?

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  • #19950
    Anonymous
    Guest

    Right, I know this is early in the morning, but can anyone explain why tax credit overpayments (and the recovery thereof) seem exempt from TAS adjudication?

    I know it’s not supposed to be a type of Benefit, but I find it amazing that all other tax credit decisions can be challenged via TAS, but not overpayments!

    I realise that this should probably have been posted in the tax credit section, but I thought I’d try my luck in the most popular forum!

    Scenario:-

    Tax credit of £1500; claimant told explicitly that this credit was for a period when the claimant was single…the claimant thinks this is odd and actually phones the tax credit help line for clarification. She is told again that this payment is legitimate…8 months later, the claimant receives an overpayment notification…how could this person have reasonably known that the original overpayment was incorrect when she had previously been told that it was a valid back payment?

    The claimant appealed and the case was looked at again (by a junior officer) and the appeal was refused! Apparently, the claimant would have been aware of the overpayment! (How exactly? After all, the tax credit help line explicitly stated that it was a legitimate payment!) According to the tax officer there is no further right of appeal. Is that correct?

    Tax credit state that it is not a decision that carries a right of appeal (reg 38 of the Tax Credit act 2002)

    I’m gob smacked that we go through hoops with HB overpayments, yet the tax credit bods can get away with this…Unbelievable!!

    #1612
    markp
    Participant

    Perhaps this is the cynic speaking!!

    It’s “money being paid” to HMRC. Can’t have them appealing against this and have to give it back. What?!!!!!

    Do I know what I'm doing? The jury's out on that........................

    #1613
    Anonymous
    Guest

    And I thought I was cynical! Ha! 😀

    It truly beggars belief that they can get away with this…how can anyone legitimately spend their tax credits, knowing they’ll probably have to pay them back at any moment?….

    How can they state that an overpayment is not a relevant decision? I just can’t get my head round this….

    #1614
    Anonymous
    Guest

    Stop trying to apply logic!! 😯
    Thought you would have known better by now!! 😉 8)

    #1615
    Anonymous
    Guest

    [quote:a518d01d06=”Jon Phillips”]Stop trying to apply logic!! 😯
    Thought you would have known better by now!! 😉 8)[/quote:a518d01d06]

    You’d have thought, wouldn’t you…..? 😀

    Well from the responses so far, do I take it that Tax Credit overpayment issues are not dealt with by TAS?

    #1616
    chrisb
    Participant

    According to HMRC website – TAS do deal with Tax Credit appeals.

    See [url]http://www.hmrc.gov.uk/taxcredits/appeals.htm[/url]

    Looks like your problem is just getting them to accept there is an appeal in the first place!

    #1617
    Anonymous
    Guest

    [quote:53de8485b8=”chrisb”]According to HMRC website – TAS do deal with Tax Credit appeals.

    See [url]http://www.hmrc.gov.uk/taxcredits/appeals.htm[/url]

    Looks like your problem is just getting them to accept there is an appeal in the first place![/quote:53de8485b8]

    Well, according to a letter the claimant has been sent, this decision does not come under the list of ‘appealable’ decisions!

    Amazing…you get overpaid, and there’s no independent right of appeal against that judgement!
    Can’t we have that in HB?!!! 😉

    #1618
    Andy Thurman
    Keymaster

    From my own personal battle over tax credits, I was about to go to the ombudsman (until out of the blue & contradicting all other letters they had sent, I got a revised decision that was OK!), so, from recollection, that’s probably the route….

    #1619
    Anonymous
    Guest

    So, after the initial appeal is refused, what’s the next step (the next step that’ll actually get you anywhere)? Ombudsman?

    #1620
    Anonymous
    Guest

    The next step can be an appeal to the Adjudicator (another officer supposedly independent of the TCO but still part of the Revenue), or a complaint to the Parliamenatary Ombudsman.

    The Adjudicator seems to take every opportunity to refer the matter back down the line.

    I have given up on the Adjudicator and so I advise all my clients to use the Parliamentary Ombudsman.

    #1621
    Anonymous
    Guest

    Thanks for all the replies…

    Think I’ll advise her to go to the Ombudsman…I still can’t believe that a fundamental overpayment decision cannot be referred to TAS; isn’t it about time they allowed this option?

    #1622
    Anonymous
    Guest

    A major problem surrounding the lack of the right of appeal re tax credits overpayments is that the relevant legislation is primary legislation (Tax Credits Act 2002 S38)

    If it had been secondary legislation, we could probably have been able to get it in front of a Tribunal or Commissioner with an Article 6 Human Rights Challenge, and its possible that the legislation could have been struck down.

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