How to Dispute a Tax Credit Overpayment: Step 5
- Dispute Step 3
- Dispute Step 4
- Dispute Step 5
- Dispute Step 6
Step 5: The Parliamentary Ombudsman (PO)
The Parliamentary Ombudsman can carry out independent investigations into complaints about government departments - and you will be complaining about HMRC (and possibly even the AO and their handling of your complaint / dispute). The PO investigate that the service being complained about kept to its own policies. In this case that is COP26.
Prepare your complaint (i.e. update your case history / letter with all the recent events making sure to include in the summary what points of COP26 you feel they haven’t met), and then send to your MP and request s/he refers your case to the Parliamentary Ombudsman. Note that your MP cannot refuse to refer your case to the Parliamentary Ombudsman and you do need the MP to be the one to send the initial complaint in.
If HMRC hassle you for repayment or affect your current tax credit payments, complain, using our "Dispute Status" complaint letter; state that you are still in Dispute and as per their own Code of Practice (COP26) they should not be seeking to recover until this process has been exhausted.
Again, it is common to receive a partial success at this stage. The PO may decide that HMRC are responsible for one or more portions of the overpayment and rule that this portion be written off, or HMRC may even admit to it in their response to the PO.
This stage is only over if and when the PO writes to inform you they have “decided not to uphold (all of) your complaint”. If you are still left with an outstanding amount, respond back to the PO complaining if any issues have been left unaddressed / acknowledged and / or you feel the decision is unreasonable. (See our Failed Dispute response template).
Still not got a fair outcome? Then it's time to take a look at your Final Options.
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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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