Select Committee on Public Accounts Fifth Report


1  ADMINISTRATION, COMPLEXITY AND PUBLIC UNDERSTANDING

1. The Government replaced the Working Families and Disabled Person's Tax credits with the Child Tax Credit and Working Tax Credit (New Tax Credits) in April 2003. Some 5.7 million families received New Tax Credits during 2003-04 at a cost of approximately £16 billion. Of these, several hundreds thousand claimants were overpaid New Tax Credits mainly because of the inherent design of the schemes, but also because of software errors.

2. The design of the system inevitably results in overpayments to many claimants. The Inland Revenue (the Department) makes provisional Tax Credit awards based on a claimant's income for an earlier year. The final award is assessed on actual income for the year. Tax Credit entitlement is reduced by 37p for every additional £1 of annual income over certain limits. Incomes tend to increase from year to year, so the final award is often lower than the provisional award. Except where caused by error, the extent of overpayments reflected claimants' improved economic circumstances.[9] Software errors in the New Tax Credits system have resulted in overpayments of £174 million to 540,000 of the overall 1.8 million claimants overpaid.

3. The Department usually seeks recovery of overpayment from future Tax Credit awards in order to ensure that people get no more than they are entitled to. If repayment would cause the claimant hardship, the Department may waive all or part of an overpayment of Tax Credits, or allow more time to pay. But the Tax Credit IT system could not stop the recovery of overpayments while the staff considered hardship cases. The Department planned to start to change the system in the autumn of 2005 to prevent this automatic recovery of overpayments in some circumstances.[10]

4. The Department has written off amounts where the individual overpayment was £300 or less, and has sought recovery of amounts above £300. The Department writes off overpayments over £300 only where it considers that it was reasonable for a claimant to believe that their Tax Credit award was correct. It wrote off £37 million in 2003-04 and expected to write off similar amounts of overpayments in 2004-05.[11] The Department established the £300 threshold by reference to the costs of recovery. The Department is doing more work to improve its understanding of the administrative cost structure to see whether it should revise the write off limit.[12]

1.  Members of Parliament and organisations such as the Citizens Advice Bureau have been inundated with complaints from claimants who have found the New Tax Credits scheme complex and who are unsure how much they are due. The situation has been exacerbated by departmental staff who have advised people to contact their Member of Parliament so that their case would be considered more quickly.[13] The Department considers it debateable whether these were typical of the wider story, but without being able to demonstrate that they were not.[14] 5.

6. It believed that it needed to go through two or three annual cycles before making a judgement as to whether the system had met the expectations of Parliament.[15]

7. New Tax Credits have also proved complex and costly to administer. In 2003-04, the Department employed around 7,300 staff on New Tax Credits work and the full administrative cost was £403 million.[16]

8. The Department's target for the accuracy of processing and calculating Tax Credit awards was 90% in 2003-04.[17] It failed to meet this target and the actual level of accuracy was only 78.6%. The results are worse than under the previous scheme.

9. The Department has received many more queries and complaints on New Tax Credits than it expected. The Inland Revenue told us that it had found many cases to be complicated and there were cases where it had struggled to decide on the appropriate response.[18]

10. Problems with New Tax Credits have adversely affected tax administration. The transfer of staff from other duties to deal with New Tax Credits problems, has created a backlog of work which the Department needs to clear. The diversion of resources also affected processing quality and accuracy, and the Department missed the Public Service Agreement target for the percentage of tax enquiries worked to a fully satisfactory standard.[19] The Department is seeking to achieve major efficiency savings, including reducing staff numbers. The challenge is to make these reductions without customer service suffering.[20]

11. The effectiveness of the Department in assessing and collecting taxes largely depends on its reputation for accuracy, fairness and proper handling of taxpayer affairs. The problems in administering Tax Credits have affected the public's perception of the Department, as it acknowledges.[21]

12. Claimants who have encountered problems can complain to the Department. By the end of 2003-04 there were 32,000 complaints in respect of Tax Credits and since then there have been tens of thousands more. The Department have tried to publicise the availability of appeals and the opportunity that individuals have to complain, as well as the factors people can use in presenting an appeal.[22] It provides claimants with details of the policy for handling complaints in the Code of Practice 1, Putting Things Right which the Department sends out with award notices. Claimants have no further appeal against the decision of the Department, whose judgement is final.[23]

13. The Department pays compensation to people who have suffered most from the problems with New Tax Credits. These payments are made to claimants when Departmental mistakes and delays have caused people worry and distress or have resulted in claimants incurring additional costs. In 2003-04 an average of £34 was paid to 10,800 people.[24] Further compensation has been paid in 2004-05 and the average has almost doubled. The Department told us that the level of compensation paid was never adequate for the hardship and suffering which people had gone through, and that it was a way of saying sorry.[25]


9   Q 3 Back

10   Q 125 Back

11   C&AG's Report, paras 2.10-2.13  Back

12   Q 56 Back

13   Q 123 Back

14   Q 133 Back

15   Qq 4, 57 Back

16   Inland Revenue Trust Statement 2003-04 Note (3(iv)), (HC 1062, Session 2003-04) Back

17   C&AG's Report, para 2.18 Back

18   Q 15 Back

19   C&AG's Report, para 2.35 Back

20   Q 19 Back

21   Q 114 Back

22   Q 105 Back

23   Q 108 Back

24   C&AG's Report, para 2.15 Back

25   Q 139 Back


 
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Prepared 8 September 2005