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agme28
Rank; Hector Tax Inspector
1 Posts |
 Posted - 28/01/2009 : 21:46:01
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Hello!
Today I received a letter telling me my appeal against an overpayment request has been refused and that I must pay £216 in a lump sum as the joint claim it relates to has now ceased.
Basically, what has happened in my mind is when I informed the tax credits office of my partner moving out around 17th april 2008, they sent our annual declaration pack on 1st May but it was done separately. So just my details were asked for from me. I sent them back pronto, as I always have. I assume from when I had first informed them, that they would have my ex partners new address.
The next thing I know, I get a letter in August saying there has been an overpayment due to lacking declaration details for 2007-8. I phoned up and was reassured that I had given my half of the details and to ignore it. Or similar. I didn't come off the phone worried, thats for sure. Since then I have had further letters demanding payment, so I appealed on the grounds that my ex probably never received an annual declaration pack (thats what he grunted when i asked, he may well have received it and forgotton/ignored it knowing him).
Today I had a letter saying me appeal doesnt stand up and that I must pay for amount in full. So where do I go from here? Do I request all information relating to the claim? Can they not tell me whether my ex has received or returned anything?
Many thanks
abigail
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missfroy2
Rank; Captain Gordon
236 Posts |
Posted - 28/01/2009 : 22:01:48
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Hi
Unfortunately it sounds like you have suffered this overpayment due to the rules on joint claims & renewals.
If you are no longer a couple, BOTH of you must complete the renewal forms. If one party fails to complete them, even if the other does, it will result in an overpayment for non-renewal.
Tax credit legislation allows HMRC to accept a renewal from one member of a couple on behalf of both members, but only where they are still a couple and part of a joint claim.
In your case, because you had split before renewal, both of you needed to send the form back. I presume therefore that your partner has not, however you need to check this.
A very difficult overpayment to fight. The worst part is that due to the joint and several liability rules, even though you were the party that complied, they can chase you for the whole overpayment. They should agree you pay 1/2 each, but if they cannot get the other half from your partner then they can come back to you.
I would advise that you check the following:
1. Whether your ex received the renewal forms
2. Whether he sent them back
Once you have the information from this it will be easier to see what grounds you may able to dispute the overpayment on.
MF2
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Overpayment on ceased joint claim
