Manually Adjusting Payments To Avoid Hardship - Enquiry Centre Only - For Cases Automatically Restricted After 29/06/07 (AG)

• When you have authenticated the claimant, go to step 2

• Enter the claimants NINO in the Key Entry Details screen
   
• Select the Latest checkbox
   
• Click on the [OK] button

• If there is no trace of the claimant, check that the NINO you have entered is correct and if it is not, amend it and try again

• If there is still no trace ask the claimant if they have an award notice that shows the NINO or reference number used on the computer
   
• If the claimant does not have this with them ask them to call back with the information and end the enquiry

• If you trace the claimant, go to step 3

• If the message ‘You are not authorised to access this case, please refer to the appropriate MU’ is displayed, go to step 4
   
• If the message ‘You are not authorised to access this case, please refer to the appropriate Security Liaison Unit’ is displayed, go to step 4
   
• If neither of these messages display, go to step 5

Then

• Advise the claimant to contact the office identified on their award notice

• (This text has been withheld because of exemptions in the Freedom of Information Act 2000)

Note: If the claimant lives in Great Britain and does not have their award notice to hand, tell the claimant to telephone either of the above numbers

• Take no further action

In Function VIEW HOUSEHOLD NOTES, check to see if there is a message stating that recovery is due to Compliance activity

• If the recovery is due to Compliance activity

• Inform the claimant that hardship is not appropriate
   
• If the claimant wishes to pursue this matter further, advise them they should discuss this with their Compliance Contact Officer

Then

• Go to step 7

• If the recovery is not due to Compliance activity, check to see if any payment adjustment has been made in the current tax year. To do this, check if any of the following messages are shown, dated within the current tax year

‘TCMZ MAPTH not appropriate because payment adjustments have already been made - TC869 issued to claimant’

'TCMZ Secondary hardship referral sent to DMB via email'

'TCMZ Secondary hardship referral sent to DMB via Taxpost'

'TCMZ Secondary hardship referral to DMB declined - not exceptional circumstances'

Or

‘TCMZ Investigated by DMB – hardship appropriate / not appropriate’

• If one of the messages is shown and

• The claimant no longer wants their payments to be adjusted and therefore wishes to go back to full recovery. Tick the box marked ‘Claimant no longer requires adjustment’ on the referral form and then go to step 9

Otherwise

• Go to step 6

• If none of the messages are shown, go to step 7

• Debt Management and Banking (DMB) have made a decision on whether further assistance can be given to relieve the hardship

Note: This assistance could be either full remittance or a further payment adjustment

• Explain to the claimant that the maximum allowable amount of payment adjustment is already being made
   
• No further payment adjustments can be made

And

• There is no right of appeal against this decision

Then

• If the claimant wishes to take the matter further, direct them to the Code Of Practice (COP) 1 ‘Putting things right when we make mistakes’. This provides the claimant with the information they need to make a complaint or dispute a decision
   
• Take no further action

• Payment adjustments have been refused

• Explain to the claimant the reason why additional payment adjustments cannot be made

And

• That there is no right of appeal against this decision

Then

• If the claimant wishes to take the matter further, follow the guidance in the Secondary Hardship Call Type Process in the Tax Credit Customer Adviser Guide

• A payment adjustment has been applied to the case

• Tell the claimant the rates of recovery. Follow the guidance in the Secondary Hardship Call Type Process in the Tax Credit Customer Adviser Guide

• A secondary hardship referral has been passed to DMB for consideration

• Tell the claimant that their case is already being dealt with and that DMB will be in contact with them shortly

And

• That no further action can be taken until DMB make a decision

Then

• If the claimant wishes to take the matter further, direct them to the Code Of Practice (COP) 1 'Putting things right when we make mistakes'. This provides the claimant with the information they need to make a complaint or dispute a decision
   
• Take no further action

• The secondary hardship referral to DMB was refused because there were no exceptional circumstances. Ask the claimant if there has been any change in their circumstances that would now be considered exceptional

• If there are new exceptional circumstances, make a note of these and follow the guidance in the Secondary Hardship Call Type Process in the Tax Credits Customer Adviser Guide
   
• If there are no new exceptional circumstances

• Explain to the claimant that the maximum allowable amount of payment adjustment is already being made

And

• No further payment adjustments can be made

Then

• If the claimant wishes to take the matter further, direct them to the Code Of Practice (COP) 1 ‘Putting things right when we make mistakes’. This provides the claimant with the information they need to make a complaint or dispute a decision
   
• Take no further action

Follow the guidance in Overview Of Hardship Claims And Overpayment Recovery to provide an explanation of the recovery rates

• If the claimant accepts this decision, end the enquiry and go to step 10
   
• If the claimant does not accept this decision

• Direct them to the COP 1 ‘Putting things right when we make mistakes’. This provides the claimant with the information they need to make a complaint or dispute a decision

Then

• Go to step 8

• Tick the box marked ‘Unhappy with the amount of adjustment’ on the referral form
   
• Tick the box at section 9 of the referral form

Then

• Go to step 9

• Accurately completed
   
• Signed
   
• Dated
   
• Shows the claimant’s name and NINO at the top of the referral form

And

• Has a telephone contact number

Then

• Send the referral form and any attachments using Taxpost Direct (This text has been withheld because of exemptions in the Freedom of Information Act 2000)

Note: The TCO will return any referral forms to the originating office if any information is missing

• If the referral is due to the claimant being unhappy with the amount of the adjustment, go to step 10

Otherwise

• Take no further action

‘TCMZ Payment adjustments refused at (Enquiry Centre Name) because

*Family element only '

*Advice from Compliance '

*Calculation shows no payment adjustment appropriate'

(*Delete as appropriate)

Notes:

You must follow the guidance in How To Correctly Complete Application And Household Notes when you record the note

And also

Follow the guidance in Maintain Household Notes