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

Notional entitlement (Notional offsetting) for tax credits overpayment after move to UC

JPCHC
forum member

Cardinal Hume Centre - Welfare Rights

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Total Posts: 183

Joined: 24 November 2014

Does anyone know what the latest is on this? After going round in circles for well over a year, they finally sent out a Notional Entitlement form and got my hopes up.  I then chased the outcome and they sent a letter to say the form was issued in error and it couldn’t be considered as there was no live tax credits claim. 

This was a case of the claim being incorrect from the outset but it was a genuine error (partner has NRPF and clt speaks English as a second language.  Nephew was translating).  I’ve listened to recordings where he mentions his wife and they go back and forth about the SDP (which he was still erroneously in receipt of) which is why they took the Tax Credits claim in the first place. 

We haven’t had any luck with the overpayment dispute.  I am minded to see if the MP can get anywhere with Notional Entitlement to write off the debt (def. no loss to the public purse) but I wondered whether anyone had any luck with getting NE to write off an overpayment when someone has had to move onto UC?

Many thanks

LITRG
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Low Incomes Tax Reform Group

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Total Posts: 107

Joined: 16 June 2010

Hi

We cover this on our website for advisers: https://revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/dealing-with-debt/#Notional%20entitlement

We say that notional offsetting is available even if no new TC claim is possible and a UC claim has been made, this information was provided to us via the tax credits consultation group with HMRC. We will contact HMRC via the forum to see if there have been any changes.

LITRG

JPCHC
forum member

Cardinal Hume Centre - Welfare Rights

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Total Posts: 183

Joined: 24 November 2014

Thank you.  I have written back to them this morning (based on what it says on your page) and will see what they come back with!