Case Reviews on CS1

kelloggs36

Debicj - do you have the statement of reasons from the tribunal?

Debicj

Kelloggs - Yes I do have a statement of reasons. I was going to quote from it but I can't lay my hands on it at present. I believe it went against all the rules etc. but I couldn't get it changed even when I appealed. They said something about the material facts existing at the time of the assessment so they had to be taken into account even though the CSA weren't aware of these facts until a much later date.

kelloggs36

So no, they shouldn't have taken them into account as they were unaware.

bdt1

Our assessment decision was also backdated over 4 years previous.

PWC involved Criminal Complaince after losing Tribunal on basis or 'lifestyle inconsistent with declared earnings', this the meant that when Tribunal in 2005 heard and decison made, in 2006 Criminal Compliance made massive errors in case, new decision made in 2007 incorporating Criminal Compliance errors, then backdated to a further 3 decisions, 1 from 2005 and 2 from 2004.

New Tribunal date for May challenging this, as Criminal Complaince used Child enefit, NRPP CSA monies for step children, NRPP reimursed company expenses, NRPP insurance policy surrender all as NRP income, we have proof of this and CSA agree but won't change it as PWC told them she will appeal anyway

kelloggs36

Decisions can be changed if they were made in error - they can be corrected but if you don't notify a change in circumstances at all, then the CSA can't implement it.

Debicj

kelloggs36 wrote: »

So no, they shouldn't have taken them into account as they were unaware.

This is what I thought, but the tribunal decided otherwise. The representative from the CSA couldn't believe it and neither could I.

There was no error, the NRP claimed that he thought the CSA were aware of the facts because his accountant should have told them but didn't. The tribunal decided to agree with him.

kelloggs36

Did you try to appeal on a point of law?

Debicj

kelloggs36 wrote: »

Did you try to appeal on a point of law?

Yes, but got nowhere with it.

kelloggs36

What were the reasons given for that?

Debicj

Hi Kelloggs, I found the letter with the reasons and it says 'Permisson to appeal is refused because no question of law arises and the matters raised in the application to appeal were questions of fact for the tribunal'. I found it interesting that this was signed by the original judge and I don't think this is fair because obviously she wouldn't agree with an appeal against her own decision. I think it should have been looked at by somebody else, but what I think doesn't seem to matter :-(

So the final outcome was that the NRP didn't inform the CSA of a change in circumstances until a year after they occurred and the CSA still had to take these changes into account.