SAM114041 - Repayments: claims made outside a return: claims: error or mistake (Action Guide) (replaced by ‘overpayment relief’ from 1 April 2010)

You must only use the guidance on this page if the claim to error or mistake relief was made before 1 April 2010. For claims made on or after that date, error or mistake relief was replaced with ‘Overpayment Relief’ and you must follow the guidance at SAM114045 and SAM114046.

Where the taxpayer’s claim to relief in respect of Class 4 NIC overpaid results in an unallocated overpayment on the SA record, follow steps 1 - 4 below.

1.	Check the stencil from NIC&EO for notification of any unpaid Class 2 NIC and exceptionally, any Class 4 NIC unpaid for earlier years. Also check if there is any ongoing receivable action to collect NIC
2.	If there are NIC liabilities outstanding to which the unallocated overpayment can be set, write to the taxpayer advising of the set-off to be made
3.	Transfer the unallocated credit, up to the value of the outstanding Class 2 and Class 4 NIC, to OAS using function TRANSFER FROM OVERPAID BALANCE
4.	Complete an SA331 OAS Allocation Form (available for completion and printing from SEES) with the following details
	* Transferred amount (if amount is less than £10 state the reason for transfer as ‘Class 4 NIC Deferment cases’
	* OAS number (from the Transfer from Overpaid Balance’ screen TCA037C)
	* Area Code 17
	* National Insurance Number
	Note: ‘Period of debt’ is not required on the SA331 OAS Allocation Form in these cases.