Being charged the full amount (Tax Credit Overpayment) even though I lost my partner

[ssns]

Hello all,

I was hoping someone could help as I am getting no help from the Dept. DWP and Dept. Tax Credits. I phoned the Tax Credits number today and they have told me to write to them which I will do. But wanted some advice.

My sister-in-law lost her husband 6 months ago and we completed all the GOV processes (Tell US Once) to report this death. This should have filtered into Dept. Tax Credits.

They have sent my sister-in-law a letter asking for the full amount of tax credit overpayments which was overpaid in 2021.

The overpayment was claimed as a couple.

In the letter, it states “If the amount claimed was claimed as a couple but since separated, we may need to adjust the amount you have to pay back. If so, we’ll contact you again”
It also states, “If you claim tax credits as a couple, the amount in the letter is my Share”.

However, the letter shows the full amount which is the same as when my sister in laws husband was alive. Without any deduction, they are asking her for the full amount.

Can they do this?

Are they just trying it on in case my sister has the money to pay for this (She does not)?


We will write to them but I'm curious if anyone knows what they legally can and can't do.

Any help appreciated

[Huxie]

Seems like that may be the case:

https://www.gov.uk/hmrc-internal-man...ual/tcm0226020

If notification has been received about the death of one customer in a joint household, DMB will seek to recover the overpayment from the surviving partner. This is because both customers are jointly and severally liable for the overpayment.