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Ali M-W
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Posted - 25/04/2009 :  07:05:45  Show Profile Send Ali M-W a Private Message
Are you appealing for a reconsideration of the level of your tax credit award entitlement? This is a different issue than the usual disputing that claimants can do (despite HMRC implying that this cannot be done) if challenging recovery of an overpayment. If you are in Appeal, the following offer, made by CPAG to Welfare Rights Workers and Advisors, may be of interest to you:

Tax credits appeals - request for information

HMRC has agreed to a special meeting on tax credit appeal problems and CPAG has promised to collect information from advice agencies, law centres and local authority welfare rights organisations. The meeting is likely to take place in June or earlier if we have the information in time.

Issues we might cover include:

1. Delays relating to appeals.

2. Failure to refer the appeal to the tribunal service.

3. Request for an appeal or a challenge to a decision automatically
dealt with as a dispute about recovery rather than an appeal about
entitlement.

4. Examples of clients who had settlements rather than being able to go through to appeal.

5. Failure of HMRC to produce evidence of entitlement and payments
made over the period covered by the appeal.

6. Examples of complications where the appeal is out of time because
it is more than 13 months since the decision.

7. Late appeals but before 13 months is up examples. Are late
appeals accepted?

8. Examples of legal points which you have appealed and the outcome,
if any.

9. Examples of cases in an administrative mess and where the ideal
solution would be an appeal but it is now too late.

10. Examples of appeals made against both in year and end of year
awards.

Please add any other comments you think would be useful for a meeting to discuss.


Please email Beth Lakhani at CPAG or call her on 020 7812 5220 to discuss whether you can send any summaries or papers relating to cases you have taken or with which you are concerned.

Would you like to see a meeting set up between welfare rights advisers and HMRC on appeal issues where specialist staff from the Revenue could be present and individual cases could be discussed?

When replying to the above set of questions please indicate against your answers the relevant question number.

Please provide your admin or direct contact telephone number and if possible please reply by 5th May.

Thanks in advance for your help.


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Since CPAG don't deal direct the public for these kinds of issues, you may need to go via Tax Credit Casualties, who the CPAG regard as legitimate referrers (including for legal action where there are issues fitting their criteria for challenge). This may be of interest to you, but we do not have long, so please contact us in good time so that we can refer you on to CPAG and meet the deadline of 5th May.

(typo edited)

Morpheus: I'm trying to free your mind, Neo. But I can only show you the door. You're the one that has to walk through it.

Edited by - Ali M-W on 25/04/2009 07:07:05
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