DMBM557880 - Debt and return pursuit: Child Benefit overpayments: pre-enforcement activity: referring a case for enforcement

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(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

This section deals with the preparation of cases for referral to either:

  • the county court section (for England and Wales cases)
  • Dumfries Direct Taxes Office (where the customer resides in Scotland)
  • EIS Edinburgh (Belfast Team) (where the customer resides in Northern Ireland (NI)).

Note: Application to the court for an order under CPR70.5 (DMBM557940) must be made within six years of the date that the outcome decision was made. Debts become 바카라 사이트˜time barred바카라 사이트™ after this date.

Documents required

You should provide the county court section/Dumfries DTO/EIS Edinburgh (Belfast Team) with:

  • a fully completed 바카라 사이트˜County Court referral바카라 사이트™ or the appropriate referral document for Dumfries DTO or EIS Edinburgh (Belfast Team)
  • two copies of the original overpayment decision, or, if more than one overpayment, two copies of each decision
  • evidence that the customer바카라 사이트™s address has been checked within the previous six months
  • the completed reply part of a local call form.

You should:

  • ensure any acknowledgement of debt is fully recorded in theĀ OPREC notepad and that theĀ OPREC notepad is clearly noted 바카라 사이트œEnforcement Case. Do not action - Refer to Enforcement Team바카라 사이트
  • attach a screen print of the OPREC notepad.

Referral checks

Before a debt is referred as appropriate for enforcement confirm that:

  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
  • the decision was not made more than six years ago
  • attempts have been made at different times to contact by phone
  • residence has been confirmed within the last six months
  • financial circumstances have been obtained within the last six months (provide a report in notepad if not)
  • a final warning (written) has been issued within the last three months.

You should check thatĀ OPREC is in order to ensure that:

  • the personal details are up to date (including a phone number)
  • the overpayment details are correct and match the decision
  • the notepad is fully updated
  • the correct balance outstanding is shown
  • all documents are legible.

Referral action

Immediately prior to referring a debt to the Enforcement Officer you should:

  • update theĀ OPREC notepad
  • set anĀ OPREC BF delayed code 1, BF Code 5 and BF period for 20 weeks.