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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69895
Experience:  Over 5 years in practice.
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I have just received a tax credits review in regards to

Customer Question

Hello,
I have just received a tax credits review in regards ***** ***** costs from September 2014 to September 2015.
What I have realised is my child was waiting for a place with a child minder to become available and made arrangements with friends and neighbours to help while I was at work (night shifts) and studying at college part time, due to this I was most definitely not thinking probably to amend details for the childcare.
Now I have realised I have been getting childcare payments for her not being in registered childcare for four months for that time period. I am so worried of what the outcome will be. Please could you me any advice on this situation I am regrettably in!
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

How much have you been getting a week?

Customer: replied 1 year ago.
£130 a week then it dropped to £110 a week. My childminder costs were lower in Jan as she was charging £45.00 so there has been a overpayment also!I have a appointment today with a solicitor to see what to do. I fully accept I have so stupid and will pay any over payment and fines that will occur. I just need to know what the outcome such as will they prosecute? I am terrified that my children will suffer the consequences of me being so irresponsible!
Expert:  Jo C. replied 1 year ago.

So the over payment is £130 a week for four months which would be just over £2000?

Customer: replied 1 year ago.
I think that's right.
Expert:  Jo C. replied 1 year ago.

Can you repay it?

Customer: replied 1 year ago.
If the payment is offered in a payment plan to repay monthly or weekly I'm sure I can.
It's the period of 4 months- September to End of Dec 14 that I have no contract with a registered childminder is what I'm worried about.
What they will see as false intention to obtain childcare costs.
Expert:  Jo C. replied 1 year ago.

Ok. So you couldn't repay it in one fell swoop?

Customer: replied 1 year ago.
Not at present. But I'm sure u could speak to a family member to see if they could help me with the cost.
Would this help my case, if I payed all straight away?
Customer: replied 1 year ago.
i
Expert:  Jo C. replied 1 year ago.

Generally speaking with overpayments it is much better to put your hands up yourself than wait to be caught. Apart from anything else, they are more likely to accept it was an honest mistake.

If they do though they will probably want an immediate repayment. That does avoid prosecution sometimes. The overpayment is actually fairly low so it could be resolved by a repayment rather than a prosecution although that cannot be guaranteed.

Can I clarify anything for you?

jo

Customer: replied 1 year ago.
Ok, thank you for your responses to my questions.I would like to see my solicitor today and see what to put forward to the compliance department in writing.
Hopefully they will accept it was a genuine big mistake on my part!
Expert:  Jo C. replied 1 year ago.

I have found, on the whole, they are much more likely to do that if you put your hands up. It gets difficult to prove dishonesty then.