Working Tax Credit overpayment

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    Received an appeal regarding overpaid WTC, please see summary below.

    We have a claim where the claimant did not receive housing and council tax benefit from April 06 to August 06 due to Working Tax Credits. Since, the claimant has been informed by the HMRC that the award was incorrect and has to repay the amount in the form of monthly instalments. The claimant requests us to amend her income for this period by removing the WTC as she was paid to her incorrectly. She feels that she has been penalised twice by having to pay back the WTC amount and also by not receiving benefit because of the WTC being included in the assessment.

    Please advise if we should remove the WTC for the above period.



    If you look at reg 32 I do not think we have any discretion but to use the amount of Tax credits paid.
    So my answer is a most definate “no”! 8)


    I agree with Jon – see also CH/1450/2005.

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