Trigger the Appeal

Janep

I am appealing a Tax Credit appeal, I have been told that as long as I trigger the appeal within 30 days, (at least tell tham I am appealing), then I do not have to give all the evidence I am collecting by this day. Is this correct??

I have requested a statement of reason and a SAR, and am still waiting this request, so I want to wait until I have this evidence before giving in all my evidence.

Do anyone know how long I have to gather this evidence before submitting it?

Icequeen99

Yes, you can just appeal by telling them the decision you are appealing and the basic reason why you are appealing and note that you are awaiting the SAR information and will forward as soon as it is available.

There is no set time limit, if you are out of payment completely it will probably be looked at in a couple of months. If you are still getting some tax credits, it could take longer for it to be looked at.

IQ

Janep

Thank you Icequeen99 for your rapid reply.

Janep

When I asked for a statement of reason from the decision maker at HMRC, she had no idea what that was, and seemed to get into a flap, then said she would phone me back after finding out what it was, I didn't get a call back, so will need to phone again today to make sure I will be receiving this. Is this not a request they have often?

Cpt.Scarlet

Appeals can only be lodged in writing, either on a GL24 appeal form or in a letter that clearly identifies that you are appealing, what decision you are appealing and why.

Janep

That form is for a benefit appeal, the form for a tax credit appeal is TC846, and I am already doing that - that wasn't the answer to my question.

Icequeen99

Janep wrote: »

That form is for a benefit appeal, the form for a tax credit appeal is TC846, and I am already doing that - that wasn't the answer to my question.

The TC846 is not an appeal form, that is the dispute form. Tax credit appeals are done on form WTC/AP. It is important you use the right one.

You can also just write an appeal letter.

Statement of reasons don't apply to tax credits, that is why the person was probably confused.

IQ

Janep

My MP advised me to get a full written statement of reason, so I have a breakdown of exactly how they reached their decision, so I know exactly what I am appealing. I have had my Tax Credits stopped because I have not supplied enough evidence for a single claim, even though I have sent everything in they have asked for!

Thanks again for the correct info on the correct form.

So will HMRC be able to give me a breakdown of their decision?

http://www.lawcentreni.org/EoR/benefits-and-tax-credits/tax-credits/recovery-of-overpayments.html

This link says to ask HmRC for a statement of reasons

Icequeen99

Janep wrote: »

My MP advised me to get a full written statement of reason, so I have a breakdown of exactly how they reached their decision, so I know exactly what I am appealing. I have had my Tax Credits stopped because I have not supplied enough evidence for a single claim, even though I have sent everything in they have asked for!

Thanks again for the correct info on the correct form.

So will HMRC be able to give me a breakdown of their decision?

You can ask them to provide more information about the reason for their decision, but there isn't a proper route like in benefits. They don't have to provide it, but they should have given you information in the closing letter which sets out the decision. Equally you should be able to speak to the officer who made the decision and ask what evidence they need in order for them to reconsider.

However, none of that will suspend the appeal time limit which runs 30 days from the date on the new award notice. So you should go ahead and submit your appeal within the deadline to protect your appeal rights, then you can get on with asking for more info, but as I say you may find they won't tell you a great deal.

You might want to request your credit report with Experian as that should show what financial connections (if any) HMRC are using.

IQ

Janep

Thank you, I have checked the credit award and there are financial associations to my address with a Mr X, but there should be as we are housemates. We jointly own the house but have never been partners.
The first time they rejected my claim I was told, was because I did not send two specific documents and if I sent these two documents then my claim should go ahead, I sent the two documents that they required and was refused again, when I contacted them again, I was told that as I had only sent two documents there was insufficient evidence sent in!! I explained that I had sent all the other documents at an earlier date, and the decision maker I spoke to said she had not seen these documents so she based her decision on only the two!! That is why I want a statement of their reasons, as if they look at all the documents they will realise I have sent in everything they wanted.

Janep

I have just received a letter from my MP saying he is willing to help me appeal my case, hopefully this will let HMRC see I am not about to take this laying down and will fight not just for myself but for the many genuine people who have gone through this worrying process.