DMBM555630 - Tax Credits overpayments: Mental Health cases: Evidence obtained
Only in exceptional circumstances will the evidence received be insufficient to relieve the claimant from responsibility for payment.
If the evidence satisfies you that the claimant should not be pursued for payment of the overpayment(s), you should
For sole debts
- Write to the claimant and/or the third party to advise that the overpayment(s) will not be pursued
- (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
For joint debts
Where the couple are still together
Where a couple are still together the full amount is still recoverable as both claimants remain jointly and severally liable.
Continue to pursue the other claimant for the full amount of the outstanding overpayment(s).
Where there is a household breakdown
- Write to the claimant and/or the third party to advise that the overpayment(s) will not be pursued from them and ensure no further correspondence is issued to the claimant
- make the following Retained note in Household Notes on the NTC system ‘’Mental Health case - decision to relieve [XXXX] from responsibility for payment of [£XXXX (original amount of the client’s share of the overpayment)] for the year/period [XXXX]. Made by (the decision maker’s name)’’
- enter the same note on IDMS
- remit any overpayment(s) due from the claimant under Type 5a (Hardship)
- continue to recover the other claimant’s share of the overpayment (note; the Tax Credit and IDMS systems will continue to reflect a joint record and this cannot be amended at present)
- ensure that any court entry is done manually, not through the County Court Bulk Centre (CCBC).
