In this section:
How to dispute a tax credits overpayment
If the Tax Credit Office pays you too much tax credit, they may ask you to pay it back. If they made a mistake or gave you incorrect advice, you can ask them to look at their decision again. This is called a ‘dispute’. They may write off some or all of the overpayment.
On this page:
- Disputing an overpayment
- What happens next?
- How we make our decision
- If you disagree with the decision
- More useful links
Disputing an overpayment
To dispute your overpayment you can fill in and return form TC846. You can get the form by:
- following the link below
- asking the Tax Credit Helpline to send you a copy
Go to Form TC846 Tax Credits Overpayment (PDF 250K)
Or you can write to:
Tax Credit Office
Preston
PR1 0SB
In your letter you’ll need to:
- give the Tax Credit Office all your details
- tell them why you think you shouldn’t have to pay back your overpayment
What happens next?
Once the Tax Credit Office has received your form or letter, they'll write to tell you:
- that they'll stop recovering the overpayment until they've finished looking at the details of your dispute
- what'll happen next
How the Tax Credit Office makes their decision
The Tax Credit Office look at whether you have met certain responsibilities, and whether they have too. For example, they check that:
- they gave you the correct advice based on the information you gave them
- they accurately recorded and used the information you gave them when you made a claim (or renewed your claim) to work out your tax credits and pay you the correct amount
- you told them about changes in your circumstances throughout the year so they have accurate and up to date information
- you told them about any mistakes on your award notice within one month of receiving it
The Tax Credit Office may write off some or all of your overpayment if they did not meet all of their responsibilities, but you met all of yours. This may happen for example, if they did not act on a change of circumstances you told them about within one month, or they gave you incorrect advice.
The Tax Credit Office may not ask you to pay back an overpayment if you contacted them to tell them about personal circumstances that meant you could not check your award notice or bank payments. For example, you or a family member were seriously ill in hospital.
Find out about tax credits rights and responsibilities
Checking your tax credits award notice
If you disagree with the decision
When the Tax Credit Office has made their decision they'll write to tell you if:
- they are going to write off some or all of the overpayment
- you have to pay it back
They'll also tell you the reasons for their decision.
If you're not happy with the Tax Credit Office’s decision and you've got some new information, please write and tell them as soon as possible. They'll stop recovering the overpayment again and look at the new information.
The Tax Credit Office may also review your case if you feel that they have not taken into account previous information you gave them. However, they will start collecting back the overpayment whilst looking at this information.
If you haven't got new information but you are still unhappy with their decision, you can talk to an organisation like Citizens Advice or Community Legal Advice. They'll help you consider your options.
Find your nearest Citizens Advice Bureau on their website
Contact Community Legal Advice
More useful links
Where to start if things go wrong with tax credits
Download a leaflet 'What happens if we have paid you too much tax credit?' (PDF 105K)
