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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

WTC overpayment and effect on irESA

 

CAAdviser
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Central and South Sussex Citizens Advice

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Total Posts: 10

Joined: 12 December 2017

Hi all

I have a client whose SSP ended in Jan (and she has not returned to work) but she carried on receiving WTC until August.  She has informed HMRC and is expecting to receive notification of the overpayment.

I know her HB cannot be recalculated, but can her irESA be recalculated when these TC pyts are confirmed as overpyts?

Thank you!

      [ Edited: 11 Dec 2018 at 11:33 am by CAAdviser ]
Kieran A
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Surrey Welfare Rights Unit

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Joined: 5 March 2018

I think that CC v SSWP [2009] UKUT 280 (AAC) may answer this.

Judge Jacobs helpfully sums up his conclusion in para 1 so:

A claimant was wrongly receiving tax credit. The payment led to a reduction of an income-related benefit. Subsequently, the overpaid tax credit was recovered. Can the claimant then be paid the income-related benefit that would have been paid if the tax credit had not (wrongly) been in payment at the time? My answer is: no.

Decision can be found at http://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=2827

 

     
CAAdviser
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Central and South Sussex Citizens Advice

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Total Posts: 10

Joined: 12 December 2017

Excellent - thank you!