Notice To Pay Issued But Overpayment Disputed By The Claimant – Enquiry Centre Action (AG)

To deal with a dispute about an overpayment, consider steps 1 to 1 0 below. The guide is presented as follows

Initial actionStep 1
Check Household NotesStep 2
Check whether recovery is direct or by cross yearSteps 3 -4
Inform claimantStep 5
Advise the claimantStep 6
Refer to Debt Management and BankingSteps 7-8
Update Household NotesStep 9
Inform claimant that dispute is being looked atStep 1 0


Go to Top Of Page  Initial action

1
  • When a claimant disputes an overpayment find out from them
  • If this is the first time they have disputed the overpayment

Or

  • If they have previously disputed the overpayment and are waiting for a decision from TCO

Then

  • Go to step 2

Go to Top Of Page  Check Household Notes

2Use Function VIEW HOUSEHOLD NOTES and check for the following message

‘Income change proforma / disputed overpayment proforma (TC846) / disputed overpayment WAM referral received Group XX’

If the message

  • Is recorded, go to step 3

Go to Top Of Page  Check whether recovery is direct or by cross year

3Use Function VIEW OVERPAYMENT to check if the overpayment is being recovered directly or in cross year recovery . To do this
  • Enter the claimant's NINO in the Key Entry Data screen
  • Click on the [OK] button. You will be taken to the View Overpayment screen
  • Check the recovery method in the Overpayment Summary field
  • If the recovery method is direct, go to step 4
  • If the recovery method is cross year, go to step 1 0
4On the View Overpayment screen
  • Click on the [Details] button. You will be taken to the Direct Recovery screen
     
  • Check the details in the Notice to Pay field
  • If dates are not shown against Applicant 1 and 2 or a Appointee, then a form TC610 has not been issued yet, go to step 5
  • If dates are shown against Applicant 1 and 2 or a Appointee then a form TC610 has been issued, go to step 6


Go to Top Of Page  Inform claimant

5Tell the claimant that
  • Their case is awaiting consideration in the Tax Credit Office (TCO) and TCO will deal with it as soon as possible
  • They will be informed in writing of the outcome
  • They may receive a form TC610 asking for them to repay the overpayment

And

  • Explain that
  • They can ignore the form TC610 as it is automatically sent by the computer and cannot be stopped
  • They will not receive any more forms, after this, asking for repayment until their dispute has been dealt with

Then

  • Go to step 7

Go to Top Of Page  Advise the claimant

6Advise the claimant that
  • TCO have received their request to look at the overpayment again
  • The request will be dealt with as soon as possible and that the claimant will be informed of the outcome
  • The form TC610 ‘Notice to Pay’ is issued automatically by the computer
  • Debt Management and Banking (DMB) will be informed that the claimant is awaiting a decision to see if they are required to repay the overpaid amount

And that

  • This will ensure that no more attempts are made to recover the overpayment from the claimant until repayment of the overpaid amount is confirmed

Then

  • Go to step 7

Go to Top Of Page  Refer to Debt Management and Banking

7Refer the case to DMB to prevent further recovery action being taken (until it is decided that the overpayment was not due to official error)

Complete the DMB NTC O/E Dispute Case (EC) referral form / stencil

Ensure you complete the following

  • Claimant’s NINO
  • Claimant’s Name
  • Claimant’s Address
  • Date of referral
  • Your name (Referring Officer)
  • Enquiry Centre address

Then

  • Go to step 8
8Send the referral form / stencil through Taxpost Direct to DMB

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

Then

  • Go to step 9


Go to Top Of Page  Update Household Notes

9Use Function MAINTAIN HOUSEHOLD NOTES to add the following note

‘ OD05 - **SUSPEND O/P RECOVERY** Proforma referred to DMB to suspend recovery of O/P in period (DD/MM/YY) to (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 1 0

Go to Top Of Page  Inform claimant that dispute is being looked at

1 0Tell the claimant that
  • Their case is awaiting consideration in TCO
  • TCO will deal with it as soon as possible
  • They will be informed in writing of the outcome



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