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Sam
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Category: Tax
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I told HMRC (telephone & written) that I was no longer on DLA. They

Resolved Question:

I told HMRC (telephone & written) that I was no longer on DLA.
They thanked me and said that they would adjust accordingly. but it appears that they did not They now want £5k + back over 3yrs. Must I pay it?
Submitted: 2 years ago.
Category: Tax
Expert:  Sam replied 2 years ago.

Hi

Thanks for your question, I am Sam and I am one of the UK tax experts.

If you had advsied them you were no longer on DLA and they then failed to actiont that fact - you would not owe then anything as any recipiant of DLA needs to have that income (after its been paid for 26 weeks) taken into account so they they pay additional tax on any other income thay might be in receipt of.

Are you sure that you perhaps did not tell them it had begun? Rather than you did not tell them it had ceased - as this does not make any sense.

Please advsie further

Thanks

Sam

Customer: replied 2 years ago.

I received a letter from the compliance officer thanking me for informing them that the tax credit award should not contain DLA element 2003/4 and they will amend tax credit award.

I assumed that any payments to me after then would be accurate.

I'm now having to repay 'overpayments' back!

I don't know how they work out payments, so I believed them to be accurate, since I had written to them, but they are now demanding repayment " as I should know" that they have made an error!

Expert:  Sam replied 2 years ago.

Hi

Thanks for your response

I see this is tax xcredits not tax - thanks for the clarification.

Did you not check and see that the future calculated awards still contained an element for disbaility? As this is clearly listed when the compenenents of whats makes up your award is set out (final pages of the award notice, whcih is then followed by payments paid due, less paid to date, and an advise of future 4 weekly payments due.

However - that does not not mean that you do not have acse to appeal - my only concern is the age of this, however may I ask

1) Do you have a copy of the letter you sent to the Tax Credit office and are you able to get copies of the telephone bill for that time - detailing evidence of the phone call made

OR

2) Ask HMRC Tax Credit office to provide you with details of all notes and communications made by you to them under the Data of Freedom Act - as you are not satisfied with this outcome as it was their mistake -

I will only add one another notice - each year when you renewed your claim - did you not see that you had been awarded disability (either middle or higher component) I ask, as I am trying to see how you continued to slip through the net and this not be picked up by you over the years - and I do not want then to push you to take this to tribunal if I think this will prove more costly to you 9if you engaged someone to argue your case for you)

I look forward to hearing from you with the information asked for, and let me know if you wish me to expand on any element of the information I have provided.

Thanks

Sam

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