Disputed Overpayment Reviews (AG)


To deal with a review of a decision made on a Disputed Overpayment (DOP), consider steps 1 to 16 below. The guide is presented as follows
 

Initial actionSteps 1 - 3
Establish if case papers need to be retrieved from storageStep 4 - 5
Retrieve case papers from storageStep 6
Consider the information providedSteps 7 - 11
Inform the claimantSteps 12 – 15
Send to storageStep 16

up.gif (141 bytes)  Initial action
 
1If you are dealing with
  • A copy of an award notice we have requested, go to step 10
     
  • New correspondence which may include an award notice, go to step 2
     
  • Retrieved casepapers, go to step 7
     
  • Expired BF date following the issue of form TC945, go to step 15
2Use Function VIEW HOUSEHOLD NOTES to check if there is any Customer Support Unit (CSU) interest
  • If there is a message about an open or unresolved complaint, or a closed 3rd tier complaint, use the contact details from Household Notes to contact CSU. Ask CSU whether you can review the decision on the disputed overpayment, giving them any relevant new information
Note: You must contact CSU in the case of a closed 3rd tier complaint as a decision may have been made which should not be overturned
  • If they tell you that you can review the decision on the disputed overpayment, go to step 3
     
  • If they tell you that you cannot review the decision on the disputed overpayment
  • Refer the case papers to CSU for their action
     
  • Use Function MAINTAIN HOUSEHOLD NOTES to record the following
‘TCMZ*** DOP*** Corre received on Group XX sent to CSU Team XX XX/XX/XX’

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

Note: You will need to ask the CSU contact who to send the case papers to
  • Take no further action
  • If there is a message relating to a closed or resolved complaint, go to step 3
     
  • If there are no messages relating to CSU or any other DOP team’s interest in the claim, go to step 3
3Use Function MAINTAIN HOUSEHOLD NOTES and select the ‘Debt Recovery’ category to record the following
OP13 – Overpayment Review of dispute for 200X / 200X under review on group XX Date DD/MM/YY’

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

Then
  • Go to step 4

up.gif (141 bytes)  Establish if case papers need to be retrieved from storage
 
4In Function MAINTAIN HOUSEHOLD NOTES, check all the points the claimant has raised in the letter against all the information held in Household Notes. Is there a note in Household Notes stating that the original dispute was dealt with by
  • CSSG 1 on or after 11/02/2008
     
  • CSSG 2 on or after 10/03/2008
     
  • CSSG 3 on or after 12/05/2008
     
  • CSSG 4 on or after 04/07/2008
     
  • CSSG 5 on or after 28/07/2008
     
  • CSSG 6 on or after 03/03/2008
     
  • CSSG 7 on or after 02/06/2008
     
  • CSSG 8 on or after 11/08/2008
     
  • CSSG 9 on or after 15/09/2008
  • Yes, go to step 5
     
  • No, then
  • If the original dispute was not dealt with on any of these teams and it is clear that new evidence has been provided, go to step 7
     
  • If the original dispute was not dealt with on any of these teams and it is not clear that new evidence has been provided, go to step 6
     
  • If the claimant is asking for evidence to be included in their review that has not been previously considered, go to step 6

 

5Have you established that new information has been provided by checking all the points raised in the letter with the information held on Household Notes
  • Yes, new information has been provided in the letter, go to step 7
     
  • No, there is no new information provided in the letter, go to step 13

up.gif (141 bytes)  Retrieve case papers from storage
 
6Retrieve the previous DOP casepapers from storage to establish if any information provided by the claimant leads you to believe the overpayment should not be recovered

Follow the guidance in Retrieval Of Casepapers
  • Use Function MAINTAIN HOUSEHOLD NOTES and select the ‘Debt Recovery’ category to record the following
OP14 - ***DOP Review*** 200X / 200X Recalled original papers from storage, new correspondence held in BF run. Group XX’

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
  • File the new correspondence in the BF run
     
  • Set a clerical BF date for 7 days in the future to await the original DOP decision
Note: If you are told that the documents are not held at storage, you must check Household Notes to see which DOP team last dealt with the claim and request the case papers from them. If you are told that the documents are not held at with the DOP team, treat the review as a new dispute. Follow the guidance in Calculate And Remit An Overpayment – For Cases Suspended On Or After 30/10/06
  • Take no further action

up.gif (141 bytes)  Consider the information provided
 
7Consider the information in the new correspondence and the original DOP decision
  • Has the claimant provided any new information to support a review of the original DOP decision
  • Yes, go to step 10
     
  • No and the claim has not previously been reviewed, go to step 9
     
  • No and the claim has previously been reviewed. (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
  • go to step 14
     
  • (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)
  • If the claimant has referred to an award notice but has not included the award notice with the new correspondence, go to step 8
8Telephone the claimant to request a copy of the award notice so that you can establish if any new information leads you to believe the overpayment should not be recovered. Follow the guidance in Contacting The Claimant
  • If you are able to contact the claimant by telephone, go to step 9
     
  • If you are unable to contact the claimant by telephone
  • Send form TC945 to the claimant requesting the award notice
     
  • Use Function MAINTAIN HOUSEHOLD NOTES and select the ‘Debt Recovery’ category to record the following
‘TCMZ - TC945 issued to customer requesting copy of award notice referred to in overpayment letter’

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

  • File the new correspondence in the BF run
     
  • Set a clerical BF date for 14 days in the future to await the award notice
     
  • Take no further action
9Ask the claimant if they have any further information that they think we should consider when looking at the DOP decision again and which year(s) they are disputing
  • Complete a form TC648 to record the information from the claimant
     
  • Has the claimant provided any new evidence to support a review of the original DOP decision
  • Yes, go to step 10
     
  • No, (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
  • go to step 14
     
  • (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
10Determine the reason for the overpayment. Follow the guidance in Calculate And Remit An Overpayment – For Cases Suspended On Or After 30/10/06 from step 1 and steps 5 to 36

Note:
If you determine that a cashcheque has been posted to the wrong year, creating an overpayment, follow the guidance in Incorrectly Posted Cashcheques(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)Note: If you are unable to make a decision on the claim because of an Extended Action Request System (EARS), you must suspend recovery of the overpayment. Follow the guidance in Register And Maintain A Disputed Overpayment Or Manual Suspension and then refer the claim to your Technical Advice Line Liaison Officer (TALLO)
  • If after reviewing the evidence provided you determine that the decision on the overpayment was
  • Correct, go to step 12
     
  • Incorrect, go to step 11
     
  • Correct, but the remittance was incorrectly applied
Then
  • Go to step 13
Note: If you have previously suspended recovery of the overpayment and you have now made a decision, you must reinstate recovery of the overpayment prior to taking any other action. Follow the guidance in Register And Maintain A Disputed Overpayment Or Manual Suspension
 
11Determine the amount to be remitted. Follow the guidance in Calculate And Remit An Overpayment – For Cases Suspended On Or After 30/10/06 from steps 41 to 51
Note: If the total overpayment is £100.00 or less, is for the tax year 2005-2006 or a later year and the award is finalised, you can remit the overpayment under the £100.00 or less rule

Then
  • Go to step 13

up.gif (141 bytes)  Inform the claimant
 
12Prepare and issue form TC916 to the claimant
  • Use Function MAINTAIN HOUSEHOLD NOTES and select the ‘Debt Recovery’ category to record the following
OP03 - Overpayment Review (insert tax year). Post received (DD/MM/YY). Decision dated (DD/MM/YY) overturned/upheld. (Remitted in full/part/not remitted). (Amount remitted £00.00, reason/amount not remitted/fully recoverable £00.00, reason). Letter issued TC???’

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

Then
  • Go to step 16
13If the overpayment is
  • Remitted in part because we failed to meet our responsibilities for part of the overpayment, issue form TC859D
     
  • Remitted in full because we failed to meet our responsibilities for all of the overpayment, issue form TC921
     
  • Fully recoverable because the overpayment was not caused by us failing to meet any of our responsibilities, issue form TC883
Notes:
  1. In joint Household claims, issue one letter addressed to both claimants

  2. Where the household has broken down, if the overpayment position has changed, a separate letter must be issued to each claimant. The letter to the claimant who has not written in must only give the overpayment decision. Do not include answers to other issues

  3. If the overpayment position has not changed, that is the overpayment has not been remitted in full or in part, issue one letter to the claimant who disputed the overpayment

Then

  • Use Function MAINTAIN HOUSEHOLD NOTES and select the ‘Debt Recovery’ category to record the following
OP03 - Overpayment Review (insert tax year). Post received (DD/MM/YY). Decision dated (DD/MM/YY) overturned/upheld. (Remitted in full/part/not remitted). (Amount remitted £00.00, reason/amount not remitted/fully recoverable £00.00, reason). Letter issued TC???’

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
  • Go to step 16
14Use Function MAINTAIN HOUSEHOLD NOTES to check if there has been a previous DOP review on this claim
  • If there has been a previous review conducted
  • Prepare and issue form TC915c to the claimant
     
  • In Function MAINTAIN HOUSEHOLD NOTES, select the ‘Debt Recovery’ category to record the following
OP12 – Overpayment Review (insert tax year) TC915c sent. Case has been previously reviewed, no further evidence provided for further review’

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

Then
  • Go to step 16
  • If there has not been a previous DOP review conducted, go to step 15
15If the original dispute outcome was that we
  • Did not meet our responsibilities and the claimant did not meet their responsibilities either, prepare and issue form TC915a to the claimant
     
  • Met our responsibilities, prepare and issue form TC915b to the claimant
Then, in both cases above
  • Use Function MAINTAIN HOUSEHOLD NOTES and select the ‘Debt Recovery’ category to record the following
OP11 – Overpayment Review (insert tax year) TC915a/TC915b (delete as appropriate) issued to App 1 / App 2. No further evidence provided by claimant for review of original Dispute’

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

Then
  • Go to step 16

up.gif (141 bytes)  Send to storage
 
16Send the case papers to storage. Follow the guidance in Preparing And Sending Documents For Storage