My Client has an overpayment of Housing and Council Tax Benefit which he says was caused because his ex-employer gave the wrong information about his hours and pay, Client always worked 16 hpw and received same amount of wages each week, in cash so no bank statements, employer stated he was working some weeks 30, 35, 40 hpw. Client, who has mental health problems didn't keep all his wage slips for the required period so employer's earning declaration is taken as proof. Client has written to employer asking for information to be corrected but has not received a response (Client wrote in July). I am at a loss as to what to do, any ideas?

HMRC?

Good thinking: both on tax and national insurance. Was he earning enough to pay either?

Correction to my first post, Client worked 15hpw not 16hpw. Well, the payslips the Client didn't throw away show he was working 15 hpw, no tax or NI deducted. But there are only 4 of the them and not in consecutive weeks. These have been shown to Revenues and Benefits, it's the "gap" weeks that the employer has overstated the amount the Client earned. Client is contacting the Contributions Agency and the Tax Office, or whatever they are calling themselves these days, for his NI and Tax records for the overpayment period.

If it is the gap weeks you are concerned about, don't the payslips give year to date figures?

These could be used to find the amount of wages, tax & NI for the missing weeks. Even if the gap is for several weeks they will enable the calculation of the "average" for the missing weeks.

Unfortunately the gaps are for most of the 16 week assesment period for average weekly earnings. The payslips for the early part of the assesment 16 weeks that he has show nil for NI and Tax.