How to Dispute a Tax Credit Overpayment: Step 6
The Parliamentary Ombudsman
The Parliamentary Ombudsman can carry out independent investigations into complaints about government departments - and you will be complaining about the Tax Credit Office, which is part of HMRC.
The Parliamentary Ombudsman website used to have some good information about how to complain, but now it seems designed to confuse and say nothing meaningful, rather than to help anyone.
Prepare your complaint as in previous Dispute Steps, using your Case History and any dispute letters or forms. Then write a covering letter to your MP, requesting that they refer your case to the Parliamentary Ombudsman.
The only way the Ombudsman will agree to consider your complaint is if it is referred to them by your MP. Your MP cannot refuse to do this. What they do have a choice over is whether they simply pass the case on, or whether they in some way support your complaint. (i.e. write with the referral 'please review this as unfair' etc.). So, if your MP does not forward it, advise them that you will make a complaint against them.
This stage is only over if and when the Parliamentary Ombudsman 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.
Once again, 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.
Still not got a fair outcome? See if you can finally get some justice with legal action in Dispute Step 7.
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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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