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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: appeals

Where the customer is not satisfied with the reconsidered decision and wants to appeal ARG will advise DM using the DM notification form. In this instance you should:

  • update the OPREC notepad
  • ensure OPREC BF set as delayed code 13, BF code 14 and BF for 36 weeks.

If the customer has current Child Benefit entitlement:

  • ensure payment of Child Benefit is correct and ongoing
  • if not, reinstate payment from a current date
  • do not refund any repayment.

If the BF expires and there has been no contact from ARG:

  • access the ARG database to check on the status of the case
  • if the case is ongoing, extend BF for a further 36 weeks
  • if the case has been cleared and you cannot progress the case with the decision data shown on the ARG database, contact the relevant decision maker team to obtain details.

If CBO need to recall the decision file then:

  • update OPREC notepad
  • set OPREC BF delayed code 1, BF Code 3 for six weeks.

Appeal resolved

When the appeal is resolved ARG will notify DM via the DM notification form. Where either the:

  • tribunal upholds the decision
  • appeal is dismissed or struck out
  • customer withdraws their appeal

and if:

  • the customer has current Child Benefit entitlement:
    • update the OPREC notepad
    • 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 the OPREC notepad
    • 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.

Tribunal varies decision in favour of the customer

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.

Balance of overpayment still to be recovered

If there is still a balance to be recovered:

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

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.