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Letter in post today re tribunal?
Sparkles79
Posts: 37 Forumite
I'm a PWC, have received a letter today to say that ex has appealed assessment (CS1) decided in May. Because he has waited this long to make an appeal it is going to Tribunal, can anyone tell of the process involved and what will happen next?
Thanks
Thanks
0
Comments
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Sparkles79 wrote: »I'm a PWC, have received a letter today to say that ex has appealed assessment (CS1) decided in May. Because he has waited this long to make an appeal it is going to Tribunal, can anyone tell of the process involved and what will happen next?
Thanks
Thats how long it takes usually.
Once a party appeals a decision it goes through the appeals team who then direct it to the tribunal.0 -
Thanks for the reply. The letter I have received has said that the appeal against the decision was made outside the normal timeline and that it has gone to a tribunal to see if the appeal can even be accepted? Is this a common thing?0
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Sparkles79 wrote: »Thanks for the reply. The letter I have received has said that the appeal against the decision was made outside the normal timeline and that it has gone to a tribunal to see if the appeal can even be accepted? Is this a common thing?
Unsure sorry
mines was for a decision that was made years ago and i only noticed the mistake this year about assumed income ( i'm a NRP) for myself0 -
Probably a similar case to yourself as the assessment was backdated over a year and my ex has been landed with a load of arrears on top of what he already had.
He has been messing them around though, or so the CSA tell me.0 -
if an nrp or pwc appeal outwith 28 days of the notifications being issued it is up to the tribunal to decide if an out of time application will be allowed ie was there a genuine reason for the delay ie not in the country, in hospital etc, if they allow it then they will look at the appeal if not no further action will be taken.
hth0 -
Febe is correct. It is up to the Tribunal Judge to decide whether or not your ex can proceed with the appeal via the Tribunal system. If the appeal is allowed to proceed, the CSA Appeals Dept will then be given the opportunity to look at the points your ex has raised regarding his appeal, and they can then decide whether or not to change the assessment. If CSA Appeals Dept do not change the assessment then your ex will have the option of going for an Independent Tribunal hearing where a Judge, CSA Rep etc etc will listen to all evidence, the the Judge will decide if the appeal is allowed and will instruct all parties how to proceed.
This is usually the best option for anyone who feels their assessment is incorrect, and where CSA fail to change MA accordingly.0
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