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HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
, see all updates

Debt and return pursuit: Child Benefit overpayments: disputes: reconsiderations

Reconsideration requests

Where a request for a reconsideration is received by DM:

  • by phone:
    • suspend recovery action
    • complete the Mandatory Recon form to notify the Appeals & Reconsideration Group (ARG) (SEES XMLS Form)
    • update OPREC set delayed code 13, BF code 14 and BF period 36 weeks
    • update the OPREC notepad
  • in writing:
    • suspend recovery action
    • refer the correspondence to the Appeals & Reconsideration Group (ARG)
    • update OPREC set delayed code 13, BF code 14 and BF period 36 weeks
    • update the OPREC notepad.

If recovery is being made direct from Child Benefit payments:

  • reinstate full payment from a current date
  • do not issue any arrears that have been withheld.

If a Direct Debit agreement is ongoing, do not cancel the Direct Debit (the customer has the option to cancel if they no longer want it to continue).

The decision maker will update DM of the outcome via the DM notification form.

Reconsideration requested after explanation given

Where the customer is not satisfied after the decision maker gives an explanation and has asked for the decision to be reconsidered, the decision maker will refer the case to the Appeals and Reconsideration Group (ARG) and notify DM via the DM notification form. In this instance you should:

  • update the OPREC notepad
  • suspend recovery action
  • do not refund any repayment made at this time
  • update OPREC, set delayed code 13, BF code 14 and BF period 36 weeks.

If recovery is being made direct from Child Benefit payments:

  • reinstate full payment from a current date
  • do not issue any arrears that have been withheld
  • if a Direct Debit agreement is ongoing, do not cancel the Direct Debit (the customer has the option to cancel if they no longer want it to continue).

DM will be notified of the outcome via the DM notification form.

Reconsideration outcomes

Overpayment still recoverable

Where ARG decide that the overpayment is still recoverable, update the OPREC notepad and if:

  • the customer has current Child Benefit entitlement:
    • update OPREC set delayed code 2, BF Code 1 and set BF for six weeks
    • if the BF expires, follow direct recovery guidance in DMBM557500
  • no Child Benefit entitlement exists:
    • update OPREC set delayed code 1, BF Code 1 and set BF for six weeks
    • if the BF expires, continue recovery action as in DMBM557870.

If the BF expires, issue the appropriate pre-enforcement letter or start direct recovery action if the customer has entitlement to Child Benefit.

If the customer makes an offer to pay, continue recovery action as in DMBM557270.

Overpayment amount changed but recoverable amount still exists

Where ARG advise the decision and the overpayment amount has changed and a recoverable amount still exists:

  • update the OPREC notepad
  • update OPREC to amend the overpayment period and amount.

If:

  • the customer has current Child Benefit entitlement:
    • update OPREC set delayed code 2, BF Code 1 and set BF for six weeks
    • if the BF expires, follow direct recovery guidance in DMBM557500
  • no Child Benefit entitlement exists:
    • update OPREC set delayed code 1, BF Code 1 and set BF for six weeks
    • if the BF expires, continue recovery action as in DMBM557870.

The decision maker will update the Child Benefit account.

If the BF expires, issue the appropriate pre-enforcement letter or start direct recovery action if the customer has entitlement to Child Benefit.

If the customer makes an offer to pay, continue recovery action as in DMBM557270.

Overpayment not recoverable

Where ARG decide the overpayment is not recoverable:

  • update the OPREC notepad
  • update OPREC to show overpayment as non-recoverable
  • refund any repayment made or money withheld direct from Child Benefit payments.

The decision maker will update the Child Benefit account.

No overpayment

Where ARG decide that there is no overpayment and:

  • no reimbursement is required, arrange for the case to be deleted from OPREC
  • reimbursement is required:
    • refund any repayment made or money withheld direct from Child Benefit payments
    • once any reimbursement has been completed arrange for the case to be deleted from OPREC.

The decision maker will update the Child Benefit account.