tax credit overpayment from 2009

[trueblue924]

tax credits,

 

 

i have just been told i have to pay back my tax credits for the year 2009-2010 from april till june

as i was part of a joint claim and then moved to a single claim as i split from my other half,

 

 

i am sure i was told i didnt need to do the renewal form,

later that year we got back together and started the joint claim again,

at the end of the year we did the renewal as usual,

 

 

now my partner when we split rang and did the renewal but i wasnt aware i had to do it as my claim had ended.

nobody said i still had to do it when i started the single claim and i am sure i asked,

 

 

now they are taking it off my child tax credits at 41.34 a week,

 

 

is there anything i can do with it being so long ago and me not being able to remeber the conversations, we had.

 

 

they have said it is something to do with the law changing that they can do it,

 

 

i do not mind paying back overpayment and the like

but they are saying i have to pay back everything i have received from the start of the tax year till the joint claim ended,

which i was entitlted to,

 

 

it all seems to stem from misinformation about when i had to do the renewal.

[dx100uk]

sar time its free to them

 

 

dx

[trueblue924]

thansk for the advice will send it monday morning, do i not need to include a fee at all with them then and with it being a joint claim do i need to include two one for me and one for my partner

[dx100uk]

I believe the DWP SAR is actually on their website

 

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

[antone]

If the overpayment relates to Tax Credits, the SAR needs to go to HMRC, not the DWP. It can be done online here, and I don't think they charge a fee.

[dx100uk]

opps silly me

 

 

thanks antone for spotting that

 

 

dx

[trueblue924]

thanks everyone do they have 40 days from when this is submitted or is it different when it is done online for free.

[antone]

thanks everyone do they have 40 days from when this is submitted or is it different when it is done online for free.

 

Rules are still the same, they have the statutory 40 days. Their choice to provide the service online and not charge for it makes no difference - they may make it easier to request a SAR if they choose, but they're still bound by the law.

[blondebubbles]

Although you can do a SAR, it may not do much good as you are now out of time for a dispute or an appeal.

 

https://www.gov.uk/tax-credits-overpayments/dispute-form-tc846

[trueblue924]

this is from back in 2009-2010 and they have only just let us know so i should be in the three months i would hope

[antone]

Yes - if this is the first time you've been notified of the overpayment then the three month clock starts from the date on the letter informing you of their decision.

[blondebubbles]

this is from back in 2009-2010 and they have only just let us know so i should be in the three months i would hope

 

You'll need to ask them to confirm that and ask why you weren't informed at the time.