Client claimed WTC 3 years ago and during the assessment process IR decided she should be eligible for disability element.

She is not disabled and contacted WR after the appeal period expired as TC had said she had been overpaid. We tried writing to MP who accepted TC version of events that she has been overpaid and that money is recoverable.

More than anything she wants an explanation of why TC thought she was disabled- she had not provided them with anything to indicate why this might be. All correspondence from them basically says the decision was correct but does not explain why.

I was hoping that MP might cause TC to explain decision and possibly to write off overpayment.

Apart from TC ADJUDICATOR AND OMBUDSMAN is there anyway of finding out why they think she should have qualified for disability element?

She has accepted that shes going to have to repay the money.

Apart from the above it is a straightfoward case - hrs were constant as was household, and income remained at a low level. I've obviously talked through where they might have got this impression and have no ideas,

T.J.Lintern

Client should go into the IR office and ask to see her file, or at least a copy of her claim form.

we've tried to see copy of claim form they say they do not have it- her work responsibilities and location of TC office would also prohibit this,

T.J.Lintern

Hi

You could try a data protection request to see if that gives you any further idea as to why they thought she may have qualified for the disability element.

However, I am not sure the why is necessarily relevant to the dispute, although I can understand her wanting to know what went wrong. The fact that it was incorrectly included means she was overpaid. It could well have just been an error, I have heard of cases where a dirty mark on the box of the form is enough for the RDC system to pick it up as a tick/cross and award it.

The question is whether HMRC should recover the overpayment. If she has already disputed then she appears to still fall under the old reasonableness test.

It will be worth checking the award notices to see if it showed the disability element. HMRC generally use this to defeat disputes. Was it on the award notices? Did she notice it and inform them? If not were there any extenuating circumstances as to why? Did she renew with the disability element etc..

Anyway good luck, as is often the case with tax credits it may remain a mystery.

Victoria

I will try the Data Protection route - the other avenues have all been tried.

Unfortunately the reply via her MP reiterated what we already knew; "we were informed" was part of their reply. I was hoping that enquiries from the MP might elicit some more detail than this,

T.J.Lintern

Hi

Just for your info TCO adviser once told me that as the form is scanned any mark in a box (drip of coffee, a crossing out, a doodle etc) will count as an affirmative and the computer will act accordingly and it is the applicants responsibility to check the form.

I did say that not all applicants can read or understand the form to which he replied 'if they were being given £3 - £4000 pa then they should make it their business to read and understand the form!!!!!

Wonderful people arent they??!!!