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HMRC internal manual

Claimant Compliance Manual

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HM Revenue & Customs
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Undisclosed Partners: Recovery of Overpayment for cases opened before 17 May 2007 - Calculating The Penalties

Where you have agreed that there is to be a reduction from the overpayment for notional entitlement - see CCM15520, the penalty calculation should be based on the net overpayment. CCM15535, CCM15540 and CCM15550 contain examples of calculating the notional entitlement. The penalty position for each of these examples is as follows:-

Example 1

In the example at CCM15535 Katie’s 2004/2005 award was £7,160. Her gross overpayment was £7,160 and the notional entitlement was £4,985 so the net overpayment for 2004/2005 was £2,175. The percentage over-claim is £2,175/7,160 x 100 = 30.3%.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

Example 2

In the example at CCM15540 Jenny’s 2004/2005 award was £4,180. Her gross overpayment was £3,040 and the notional entitlement was £364 so the net overpayment was £2,676. The amount over-claimed for 2004/2005 is therefore treated as £2,676 but this must be compared with the total claimed for 2004/2005 of £4,180. The percentage over-claim is £2,676/4,180 x 100 = 64%.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

Example 3

In the example at CCM15550 Sally’s 2004/2005 award was £6,676. Her gross overpayment was £6,676 and the notional entitlement was £2,427 so the net overpayment for 2004/2005 was £4,249. The percentage over-claim is £4,249/6,676 x 100 = 63.6%.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

Example 4

In the example at CCM15550 Sally’s 2004/2005 award was £6,676. Her gross overpayment was £6,676 but once she was able to provide details of Ian’s income the notional entitlement was increased to £5,031 so the net overpayment was £1,645. The percentage over-claim is £1,645/6,676 x 100 = 24.6%.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)