How to Dispute a Tax Credit Overpayment: Step 5
The Adjudicator's Office
The Adjudicator is appointed by HMRC, and provides an 'independent' investigation service of complaints that HMRC are unable to resolve after their own complaints procedure has been exhausted. The Adjudicator's Office will investigate specific cases and incidences and come to a decision; in certain cases this decision can also be challenged.
The Adjudicator's Office website states:
"Please remember, we will only look at your complaint if you have exhausted HMRC's own complaints procedure and have received a final response from them. We expect you to bring your complaint to us within six months of your final response from HMRC. We cannot guarantee that we will investigate your complaint if it is received outside this time limit ".
Other pages on their website that you should read are How to complain to The Adjudicator's Office and Complaints about Tax Credit Overpayments.
Bring your Case History up to date with recent dispute letters and events. Then send it, along with your RRR form (TC846), any replies or letters you have had and a covering letter to:
The Adjudicator's Office,
8th Floor,
Euston Tower,
286 Euston Road,
London.
NW1 3US
Make sure that you get acknowledgement that The Adjudicator's Office has received your case.
This stage is only over if and when The Adjudicator's Office write to inform you that they have "decided not to uphold your complaint ". Before moving on to the next stage, respond to them complaining if any issues have been left unaddressed or unacknowledged, or you feel that the decision is unreasonable.
If HMRC hassle you or affect your payments, complain that you are still in dispute and, as per their own legislation, they should not be seeking to recover until this process has been exhausted. You can use our sample "Dispute Status" complaint letter as a guide - just edit it to suit your circumstances. If they start immediately hassling you for recovery before you are ready to respond, you can send them our "Pause Recovery" request letter.
Once The Adjudicator has binned your complaint, move on to the Parliamentary Ombudsman in Dispute Step 6.
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Who We Are: Tax Credit Casualties (TCC) is a voluntary, unfunded, not for profit UK organisation run by members for members. We offer free advice on how to dispute unfair overpayments based on our own experiences, the experiences of other claimants and HMRC guidelines.
Our Standards: TCC was established to provide advice and guidance on disputing recovery of non-fraudulent tax credit overpayments, and to lobby for fundamental change on the inbuilt flaws and inequalities of the tax credit system. TCC operate in a professional manner and endeavour to give accurate and appropriate advice based on information provided by members. TCC endeavour to respond to members as quickly and efficiently as possible, given the voluntary nature of the organisation and limited resources available. TCC is an inclusive organisation and will treat all members in a fair and equitable manner.
Disclaimer: Please note that we are not tax professionals and are working on a voluntary basis, unpaid, in our free time. Between us, we have a lot of experience and knowledge in this area, gained over the last few years of supporting victims and helping them fight for justice and their rights. Whilst TCC provide guidance and information on how to handle disputes, and even provide an advocacy service in some instances, neither TCC as an organisation nor any participating members are responsible or liable for outcomes of disputes, which remain wholly the remit of HMRC, the Adjudicator and/or the Parliamentary Ombudsman, as appropriate and dependent on the stage of dispute. We cannot take any responsibility for decisions made by HMRC, The Parliamentary Ombudsman, The Adjudicator, or any other organisation regarding claimants cases. Legislation, operating practices and individual cases change all the time, and while we aim to be professional and accurate at all times, please understand the circumstances we are working under and accept our support, guidance and information in the sprit it is offered; goodwill and camaraderie.
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