Discussion archive

Top Working Tax Credit & Child Tax Credit topic #2841

Subject: "Recovery for previous overpayment in an new joint claim" First topic | Last topic
PaulW
                              

Welfare Benefits LSC Supervisor, Newcastle CAB
Member since
26th Jul 2004

Recovery for previous overpayment in an new joint claim
Thu 10-Jan-08 10:24 AM

Suppose client, when single, had been overpaid TC. S/he then makes a joint claim with a new partner. HMRC seek recovery. Can they reduce the couple claim to recover that overpayment, eventhough the new partner has no liability for the client's own (single claim) overpayment?

Many thanks

  

Top      

Replies to this topic
RE: Recovery for previous overpayment in an new joint claim, 1964, 10th Jan 2008, #1
RE: Recovery for previous overpayment in an new joint claim, bmenacabdm, 21st Jan 2008, #2

1964
                              

Deputy Manager, Reading Community Welfare Rights Unit
Member since
15th Apr 2004

RE: Recovery for previous overpayment in an new joint claim
Thu 10-Jan-08 11:33 AM

Had a client in this position and TCO said they had no power to recover from couple claim under these circumstances. In the end, recovery was waived on hardship grounds, so I never did get to the bottom of whether they were correct or not.

  

Top      

bmenacabdm
                              

Advice Session Supervisor, Ballymena Citizens Advice Bureau
Member since
21st Jan 2008

RE: Recovery for previous overpayment in an new joint claim
Mon 21-Jan-08 01:27 PM

No, they cannot reduce one claim to recover an overpayment from a previously terminated claim. In this case it appears to make sense, but you'll have fun when you come across the same members of a couple who seperated for a week or two, notify TCO, then get back together again and again notify TCO. They'll have the original claim terminated and have to complete a fresh claim form, then their new claim will not be linked in any way to their old claim so if there's an overpayment TCO will be paying them with one hand and taking direct recovery of the overpayment with the other (with an awful lot of messy admin in between).

  

Top      

Top Working Tax Credit & Child Tax Credit topic #2841First topic | Last topic