Latest News

I am a recovering heart patient suffering from a chronic heart condition that required a quadruple heart bypass. I have told the dopes at Preston but they are busy denying my right to a fair hearing and basically making my life a misery. Can they get away this?

Here’s a letter you can write to your MP – good luck!:

Your Name
House,
Street,
Town,
Post Code
Phone Number

MPs Name
House of Commons,
London,
SW1A 0AA

Date

Dear

As a constituent and Tax Credit Casualty (see http://www.taxcc.org ), I would like you to write on my behalf to HM Revenue and Customs and to the Economic Secretary to the Treasury, Justine Greening, asking for a full write-off of my alleged overpayment of £

As you will see from the enclosed medical/professional/welfare agency statement(s), I have a mental health diagnosis and it is not in the public interest to pursue recovery of this sum. If I were well enough to pursue the dispute route taken by claimants who do not have mental health needs, I feel strongly that I would eventually be able to prove to HMRC’s satisfaction that I was fully compliant, did nothing wrong, and am a victim of HMRC’s own maladministration. Unfortunately, my mental health is currently so poor that I have more than enough to contend with in my daily life without having to pursue a lengthy and stressful dispute, with all the associated fear and uncertainty taking its daily toll on my health.

Those parts of the Tax Credit Manual which are accessible to the public, which are not obscured by a note saying that “text has been withheld because of exemptions in the Freedom of Information Act 2000”, clearly state that HMRC can choose to write off an alleged overpayment for a claimant who has a mental health condition. I quote:

“If you receive information/evidence about the mental health problem of a claimant you can agree not to pursue that claimant for payment. This is to prevent any detrimental effect or unreasonable distress to the claimant… In the majority of cases, the initial contact about a claimant’s mental health problem will be from a third party on behalf of the claimant, such as from a doctor or psychiatric nurse. Organisations such as MIND and Citizens Advice Bureaux can also be involved.”

You will, I am sure, be aware that the Disability Discrimination Act requires providers of services to make “reasonable adjustments” to how they deliver these in order not to discriminate against people with disabilities. I am sure you will agree that a “reasonable adjustment” to the usual, long, painstaking and stressful dispute process would be for HMRC to take responsibility for its own shortcomings and not exacerbate my mental health needs by putting these intolerable pressures on me knowing full well that I am unable to wage a lengthy dispute, but to wipe the slate clean and allow me to live my life free of this additional, undeserved burden.

I note that a previous overseer of tax credits, the former Financial Secretary to the Treasury, Jane Kennedy, said:

“Where it seems that a customer’s financial circumstances are unlikely to change, for example because they are on long-term benefit or are seriously ill, HMRC will remit the debt.”

Sadly, the user group to which I belong – Tax Credit Casualties – sees absolutely no evidence of this, and a shocking lack of understanding of the needs of those who have disabilities or physical health conditions, which brings HMRC into disrepute and serves nobody well. Sympathetic insiders who work for HMRC confirm that they have never seen this policy enacted and discretion used when claimants have physical or mental health issues, and it seems therefore to be rhetoric rather than reality.

As my MP I am confident that you can challenge this injustice on my behalf, and increase awareness of this important issue.

I look forward to your swift resolution of this matter.

Yours sincerely
Your Name

cc Tax Credit Casualties
Your MP
MIND?

Your enclosure should give the following evidence, according to HMRC’s manual:

DMBM555620 – Tax Credits overpayments: Mental Health cases: Evidence required

The Disability and Discrimination Act 1995 defines a person with a disability as someone with a ‘physical or mental impairment which has a long-term adverse affect on his/her ability to carry out normal day to day activities’. This definition should be used when considering the effect of the mental health problem on the claimant’s ability to repay.

The evidence should include the nature of the illness and as far as possible, whether the illness is likely to be long-term (for example schizophrenia) or where the prospects for recovery are expected to be good (such as depression).

If the initial approach is a letter from the third party explaining the mental health problem, or includes such a letter from the claimant or third party, treat this as evidence obtained, see DMBM555630.

If the required evidence is not initially available, you should write to the claimant or third party asking for documentary evidence about the nature of the illness and its prognosis (likely outcome) from the claimant’s

community psychiatric nurse
general practitioner (Note: some GP’s charge a small fee for this service)
psychiatrist
mental health social worker
other healthcare professional.

http://www.hmrc.gov.uk/manuals/dmbmanual/DMBM555620.htm

Here’s one for HMRC itself:

Your Name
House,
Street,
Town,
Post Code
Phone Number

Addressed to your last contact at the Tax Credit Office.

Date

Dear

As an honest, compliant claimant and Tax Credit Casualty (see http://www.taxcc.org ), I would like you to arrange a full write-off of my alleged overpayment of £ in line with HMRC’s own guidance on the use of discretion in cases when the overpayment victim has a mental heath diagnosis. I have also written to my MP, —— , who is contacting the Economic Secretary to the Treasury, Justine Greening, asking for this write-off to finally be granted. I hope you will confirm to me by return of post that this matter is now settled so that I do not need to take matters further.

As you will see from the enclosed medical/professional/welfare agency statement(s), I have a mental health diagnosis and it is not in the public interest to pursue recovery of this sum. If I were well enough to pursue the dispute route taken by claimants who do not have mental health needs, I feel strongly that I would eventually be able to prove to your satisfaction that I was fully compliant, did nothing wrong, and am a victim of HMRC’s own maladministration. Unfortunately, my mental health is currently so poor that I have more than enough to contend with in my daily life without having to pursue a lengthy and stressful dispute, with all the associated fear and uncertainty taking its daily toll on my health.

Those parts of the Tax Credit Manual which are accessible to the public, which are not obscured by a note saying that “text has been withheld because of exemptions in the Freedom of Information Act 2000”, clearly state that HMRC can choose to write off an alleged overpayment for a claimant who has a mental health condition. I quote:

“If you receive information/evidence about the mental health problem of a claimant you can agree not to pursue that claimant for payment. This is to prevent any detrimental effect or unreasonable distress to the claimant… In the majority of cases, the initial contact about a claimant’s mental health problem will be from a third party on behalf of the claimant, such as from a doctor or psychiatric nurse. Organisations such as MIND and Citizens Advice Bureaux can also be involved.”

Doubtless those sections of the manual to which only you and other HMRC workers have access will further reinforce my request, and give clear guidance on how you are to arrange this for me.

You will, I am sure, be aware that the Disability Discrimination Act requires providers of services to make “reasonable adjustments” to how they deliver these in order not to discriminate against people with disabilities. I am sure you will agree that a “reasonable adjustment” to the usual, long, painstaking and stressful dispute process would be for HMRC to take responsibility for its own shortcomings and not exacerbate my mental health needs by putting these intolerable pressures on me knowing full well that I am unable to wage a lengthy dispute, but to wipe the slate clean and allow me to live my life free of this additional, undeserved burden.

I note that a previous overseer of tax credits, the former Financial Secretary to the Treasury, Jane Kennedy, said:

“Where it seems that a customer’s financial circumstances are unlikely to change, for example because they are on long-term benefit or are seriously ill, HMRC will remit the debt.”

It is a disgrace that the user group to which I belong – Tax Credit Casualties – sees absolutely no evidence of this, and a shocking lack of understanding of the needs of those who have disabilities or physical health conditions, which brings HMRC into disrepute and serves nobody well. Sympathetic “insiders” who work for HMRC confirm that they have never seen this policy enacted and discretion used when claimants have physical or mental health issues, and clearly it is rhetoric rather than reality. You will know this to be true, yet it should not deter you from seeing justice done in my case.

The Tax Credit Casualties have been told, on good authority, that discretion is not being used by the Tax Credit Office as Paul Boateng assured Parliament it would be when Tax Credits were first being set up, and our group will not hesitate to bring this matter to the attention of Parliament and the media if victims, like myself, who have good cause to have their system-caused overpayments written off continue to be denied justice. I am confident, however, that you can take the necessary action to put this right for me.

I look forward to your swift resolution of this matter.

Yours sincerely
Your Name

cc Tax Credit Casualties
Your MP
MIND?

i have read your comments as alot of other sites in relation to overpayments.
i feel i am banging my head against a brick wall and have been fighting for years re overpaymrnts which is 13,000 pounds.
i have written to the ombudsman and he has ruled in favour of tcc. i just dont know where to turn to now.
my argument all along is that they had all our relevant info and i believed that the money we were receiving all those years ago was the right amount, however the flaw appears to be although my husband was receiving incapacity benefit, they had marked on the forms that it wass income support. because i hadnt noticed this and didnt inform them (to be honest i cant even remember if i did or not at the time, it is that long ago. .. i am wanting to retire in 3years and my husband is now 63, what more can i do.

i have recently been informed hmcr are chasing me for 13,244.83 from 2004 to 2009 i find this strange as i made no claim from 2005 my marriage broke down in jan 2009 two years after the death of my youngest child from 2007 to the present day i have suffered from mental health issues just when i think im getting better out of the blue i get a phone call i get a call from hmrc telling me they are chasing me for the money no matter what even if it means me taking my life as i have attempted to do three times previously what does a life matter as long as they get what they want because someone in their office didnt have a clue what they where doing !!!!

I savored reading this. I ought to read more about this subject. I’m admiring determination you include your blog, considering that it truly is fantastic location in which I could obtain lot of important details.

Fantasticly prepared article, if only all people created the same posts just like you, the web would be a more beneficial place.

This is certainly quite valuable article. With thanks for all the determination to give this kind of helpful information here.