Can the taxman go back 14 years to collect overpayment of tax credits? | Lawhive - Solicitors & Lawyers Online
Can the taxman go back 14 years to collect overpayment of tax credits?
Hi I have just received a letter from the taxman telling me I owe over £1700 in tax credit overpayments , i have not had any benefits since 2009 , so not sure what this is, I have been in full time work for 14 years ,how far can they go back please

Yetta Kelley

15th April 2022

3 upvotes

Top Answer
Tax Adviser. A government body can go as far back as they want. Send them a Subject Access Request to get all the information they hold on you, and check their figures.

Cary Brown

15th April 2022

+2

5 upvotes

Legal Advisor - Mark is correct debts to Inland Revenue are not subject to The Limitation Act 1980, as he advises - request a full disclosure from them, ultimately if they want to enforce the debt it will need to go to Court, to successful obtain a Court Order they will need to prove you owe the monies. Get the data from them and go through it throughly and cross reference with it with your own information, so if it proceeds to Court you are in a position to defend the case. Alternatively thus website is helpful: https:// nationaldebtline .org/ fact-sheet-libra ry/ write-debt-ew/

Luna Roberts

15th April 2022

NQ- unfortunately the advice above is correct. We just had a bill for £13000 from pre 2010 overpayments. We are paying back £10 a month so it will take a long time but there is no interest etc added and as long as you are paying something they will be happy. Good luck. https:// www.citizensadvi ce.org.uk/ benefits/ help-if-on-a-low -income/ working-and-chil d-tax-credits/ tax-credits-appe als/ paying-back-a-wo rking-or-child- tax-credits-ove rpayment/

Christine Burt

15th April 2022

2 upvotes

NQ please check it’s a genuine letter

William Wheeler

15th April 2022

1 upvote

NQ but ex HMRC Tax Credits advisor - request a written explanation of the overpayment - if you disagree request a TC846 (Dispute form) and COP26 (What happens when you been overpaid) It's worth noting OP liability is joint and several so if it was with an ex you are both liable if they were not to pay you could be chased for the full amount

Carl Neumeister

15th April 2022

1 upvote

NQ it is worth checking A you actually owe the money. They need to prove you do not you prove you don't. B check if its covered under the 6 years and a day statutory legislation. Now i know in days gone past government debts weren't but there is also acknowledgement whilst tax debts aren't statute barred benefits payments are. I would start here and then go from there. Ignore the DRO stuff you aren't wanting one as hmrc will make a payment plan if you need one it's the section on statute barring you want. https:// assets.ctfassets .net/ 6sxvmndnpn0s/ 7E3fXjky6K0DCRmu AuzLxe/ ee53b5a9bdfdcf2e 7b63e5ec451c1bf 8/ EOTM_-_statute_b arred_OP_and_DR O_.pdf&ved=2ahU KEwiFiMmIjqr3Ah WJa8AKHV-IASIQF noECCUQAQ&usg=A OvVaw2IfwQSHNq6 5_zaWPHsRvpl Also file a SAR to get a copy of all your records so you can see if you were overpaid

Jeanne Metts

15th April 2022

1 upvote

NQ They are doing it to a lot of people, especially those swapping over to UC from tax credits, even if you aren't on benefits anymore they will garnish your wages, it's ridiculous that they have overpaid thousands of claimants by not assessing income properly and now families are having to pay for mistakes that are no fault of their own.

Millicent Lopez

15th April 2022

1 upvote

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