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Whether DWP could delay UC migration awards to avoid TC overpayments using reg 58 UC (TP) Regs 2014
Recently published minutes of the Tax Credits Consultation Forum held on 16 October include a response to concerns about UC migration and TC overpayments created by the process. On whether reg 58 could be used to prevent these, HMRC said -
‘Regulation 58 gives the Secretary of State the power to decide that a UC claim should start at a later date than the one on which the actual claim is made (i.e. the date that the claimant presses submit online).’
NB - similar powers have been used rarely and most notably to delay UC rollout in North Kensington following the Grenfell Tower fire.
In response to further questions on overpayments and whether claimants will have any recourse, HMRC responded -
‘... customers will be looked at on a case-by-case basis but that we would expect customers to notice if something does not look correct about their payments.’
Minutes also include updates on issuing remaining migration notices and work on finalising claims.
The October meeting minutes can be downloaded from the Tax Credits Consultation Forum page on gov.uk
[ Edited: 9 Dec 2024 at 10:32 pm by shawn mach ]