Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

working tax credit appeal

working tax credit appeal

Postby preacherman » Fri Sep 12, 2014 3:49 pm

never been involved in anything like this before. we had working tax credit stopped some time ago, missed the thirty day appeal time limit.cut to the chase, had an order which has allowed us to appeal to a tribunal, basically the judge has allowed an appeal to go forward, but the Judge also stated that HMRC should be aware that there is nothing [no evidence] in the bundle to support their decision.

to my mind if there is no evidence shouldn't that be the end of it?

as well as that, all we were told was that we were negligent when filling out an application for working tax credit. is it not the same as a normal court, whereas if there is nothing to answer to [not sufficiently pleaded} then it should be struck out?
User avatar
preacherman
 
Posts: 986
Joined: Wed Nov 07, 2012 3:09 pm

Re: working tax credit appeal

Postby Boo » Sat Sep 13, 2014 1:22 pm

Are you talking about the Upper Tribunal?

http://www.revenuebenefits.org.uk/tax-c ... tribunals/
God - "I have made Mankind!"
Angels - "You screwed up a perfectly good monkey is what you did. Look at it. It's got anxiety!"
User avatar
Boo
 
Posts: 3872
Joined: Thu Nov 01, 2012 1:53 pm
Location: On the edge!

Re: working tax credit appeal

Postby preacherman » Sat Sep 13, 2014 2:23 pm

thanks boo hope all is well with you. no its the first tribunal, but what you posted was very informative thanks.
User avatar
preacherman
 
Posts: 986
Joined: Wed Nov 07, 2012 3:09 pm

Re: working tax credit appeal

Postby preacherman » Tue Dec 16, 2014 5:31 pm

so, any opinions on this then:

had a hearing today, I think the Judge questioned the previous order made by a district Judge, allowing extension of time, he said there is a legal argument that might have to be addressed, by a full time Judge in cardiff and he would give directions.

he was saying that it is unclear what is being appealed, i.e if the decision leading to a penalty is being appealed, or the penalty itself. HMRC submitted my appeal letter themselves, which clearly says i am seeking to appeal A plus B

the order granting an extension of time says Mr x was notified on xxx date. he appealed on x date. 'the appeal' is admitted pursuant to the tax credit late appeals order 2014 on basis of special circumstances. it did not say part of his appeal is submitted, the bit about xyz...but not pqw..

how can first tier tribunal District Judge, question a previous order of a district judge of same court? once an order has been made, then it has been made hasn't it? I mean this was not an appeal to that order, but supposedly a hearing of the appeal as granted. I did actually want it adjourned anyway, as no evidence as such to answer fully to, but just asking in-case i am missing something. I thought a higher court could only overturn a lower court, or question the order?/make legal argument about an order. he said there was some very technical matters?

it does not look so technical to me, what am I missing? 1. appeal is admitted. 2. further documents within 28 days. HMRC should note no evidence in bundle to support decision.

The Commissioners for Her Majesty’s Revenue and Customs may treat a late appeal under section 38 as made in time where the conditions specified in subsections (2) to (6) are satisfied, except that the Commissioners may not do so in the case of an appeal made more than one year after the expiration of the time (original or extended) for appealing.

(2) An appeal may be treated as made in time if the Commissioners are satisfied that it is in the interests of justice to do so.

(3) For the purposes of subsection (2) it is not in the interests of justice to treat an appeal as made in time unless—

(a)the special circumstances specified in subsection (4) are relevant; or
(b)some other special circumstances exist which are wholly exceptional and relevant,
and as a result of those special circumstances it was not practicable for the appeal to be made in time.

(4) The special circumstances mentioned in subsection (3)(a) are—

(a)the appellant or a partner or dependent of the appellant has died or suffered serious illness;
(b)the appellant is not resident in the United Kingdom; or
(c)normal postal services were disrupted.
User avatar
preacherman
 
Posts: 986
Joined: Wed Nov 07, 2012 3:09 pm

Re: working tax credit appeal

Postby preacherman » Fri Dec 19, 2014 6:18 pm

if a court has already given permission to appeal, i.e. accepted Jurisdiction, can the court on its own motion, without being asked, change its mind?


http://www.cpag.org.uk/content/better-late-than-never
User avatar
preacherman
 
Posts: 986
Joined: Wed Nov 07, 2012 3:09 pm


Return to Benefits

Who is online

Users browsing this forum: No registered users and 1 guest

cron