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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 Overpayments - Example of Notional Entitlement where Examination or Enquiry settled between 17 May 2007 and 17 January 2010

The following is an example of a case where you have concluded Notional Entitlement is available for the full period excluding the period for which a new claim could be or was backdated.

Katie made a claim as a single person on 6 August 2005 and this was not backdated. A 2005/2006 enquiry established Nick had been living with her at the date she made her claim but she had made a genuine error when she made the claim. By 1 December 2007 you are in a position to settle the enquiry and you terminate the award as of 6/8/2005. On the same day Katie and Nick make a claim as a couple and they backdate this 3 months to 1/9/2007.

The gross amounts overpaid between 6/8/2005 and 1/12/2005 are:

2005/2006 (6/8/05 - 5/4/06) £7,160

2006/2007 (6/4/06 - 5/4/07) £9,440

2007/2008 (6/4/07 - 1/12/07) £7,310

Katie was able to provide details of Nick’s income and these agreed our records. Nick was not included in another claim. Had Katie and Nick made a claim as a couple at the correct time they would have received:

2005/2006 (6/8/05 - 5/4/06) £4,985

2006/2007 (6/4/06 - 5/4/07) £5,235

2007/2008 (6/4/07 - 31/8/07) £3,265

Katie’s net overpayments are therefore:-

2005/2006 £2,175

2006/2007 £4,205

2007/2008 £4,045