Has anyone had any success in getting recovery waived due to circumstances beyond claimant's control? My client and her partner separated; she returned her declaration at the end of the tax year but he did not so recovery of the full amount paid in that year is being made from my client. Ex has disappeared and neither she not HMRC can trace him. A request not to recover has been refused: any mileage in taking to the Dirctor and then the Adjudicator?

We had one exactly the same deemed non-recoverable by HMRC.

I'd say it's definately worth taking further.

I've had an almost identical case running since Oct 06. Mine is with the Adjudicator at the moment, waiting on their findings - but they have said it will take some time, so I'm assuming it could be a long time yet.

I used the Tax Credit Office's Customer Compliance Manual in my arguments - particularly paragraphs CCM 8260, 8290 and 14215 - about where one party is unaware of the other's "fraud or neglect" of the claim. I argued my client could not have been aware that the ex had failed to send in his declaration, and could not have done anything about it even if she had known.

Good luck with this, I think it's worth you pursuing.

Thanks very much for the advice, particularly the CCM information. I will take this further.

I took Chrispudd's advice and wrote to the Director of the TCO quoting the CCM, but got a standard reply from a processing officer just repeating the explanation of how they decide who has to repay and joint liability and giving the link for complaints. I got no reason for ignoring the CCM guidance and no response as to why the Director has not replied. As far as I am concerned I have exhausted the complaints procedure. Can I now go to the Adjudicator?

According to the leaflet, you can only go to the Adjudicator when a "final response" has been received. Can I take the last letter as the final response or must I stay in this vicious circle forever?

From what you say i don't think you've had your final response yet.

Have you tried getting your MP to intervene so you can get a final response quicker?

I have asked the adjudicator to investigate before i've had a final response, due to the length of time it is taking but they just send it back and say they can't until we have exhausted the complaints process.

Nicky

There are some proposals around household breakdown cases and allowing couples to finalise at the point of break up in the new TC discussion consultation document.

I second the suggestion that you contact the MP.

Victoria