CCM10120 - Penalties and Interest: Incorrect Claims – Pre-Award or Early Challenges – Enquiries or Examinations Opened on or before 5 April 2008
Incorrect Claims - Pre-award or Early Challenges
The penalty will be calculated in the same way regardless of the
stage at which you challenge the claim. This could be pre-award
(Section 14), in-year (Section 16) or at the year-end (Section 19).
In pre-award cases you will need to consider what the amount of the
award would have been had the claim been accepted without challenge
and compare this to what is actually due.
The claimant is entitled to withdraw their claim at any time,
up to the point that a decision is made under S14. After this
decision is made the claim can no longer be withdrawn. However,
even if the claim is withdrawn a penalty may be considered if the
claim submitted was incorrect.
(This text has been withheld because of exemptions in the
Freedom of Information Act 2000)
Example
In March 2004 Adrian applies for WTC and is awarded £3,565
(£68.56 per week) for 2004/2005. On the application form he
shows he works 16 hours per week at Stopforth Toys making pink and
fluffy toys. On 27 April 2004 you open a Section 16 examination as
his earnings are just under the National Minimum Wage. Adrian gets
in touch with you the day after he receives your letter and after
some discussion he agrees he only works 13½ hours per week. He
had included ½ an hour a day travelling time for his journey
to work. Within a week you are in a position to settle the
examination and by that time Adrian has received 5 weeks credits
totalling £342.80.
Adrian has failed the 16 hour test so he is not entitled to
any tax credits.
(This text has been withheld because of exemptions in the
Freedom of Information Act 2000)
(This text has been withheld because of exemptions in the
Freedom of Information Act 2000)
(This text has been withheld because of exemptions in the
Freedom of Information Act 2000)
