Options after failed Tax Credits dispute TC846?

blackcloud

Hello all,

I have submitted a TC846 dispute and am still waiting for the response, but am prepared that it will not succeed as I have been told they very seldom do. So I wanted to know what the next step if after this, if I have one. I have been told I can request a reconsideration of the failed dispute TC846 but only if I have new evidence etc which I know I will not have. So will that just be the end of the road?
Can I request a mandatory reconsideration of the decision of the dispute?

CAB told me I can submit a SSCS5 but I questioned them and said the SSCS5 asks for a copy of the decision of the Mandatory reconsideration which ofcourse I will not have, I will have a copy of the dispute letter to show they will not over turn it. They said I still can submit a SSCS5 but include the dispute decision rather instead of a Mandatory reconsideration but I am not sure. Or maybe I can? or maybe if I can request a Mandatory reconsideration of the dispute decision and then I can use the Mandatory reconsideration decision letter and file a SSCS5?

I found a good website called tax credits casualties but the last update was years ago and therefore cant be relied on.

Any advice appreciated?

Darksparkle

Might be a worth a read - http://revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/disputes/

Probably a question for IceQueen though.

trigger_fish

blackcloud wrote: »

Hello all,

I have submitted a TC846 dispute and am still waiting for the response, but am prepared that it will not succeed as I have been told they very seldom do. So I wanted to know what the next step if after this, if I have one. I have been told I can request a reconsideration of the failed dispute TC846 but only if I have new evidence etc which I know I will not have. So will that just be the end of the road?
Can I request a mandatory reconsideration of the decision of the dispute?

CAB told me I can submit a SSCS5 but I questioned them and said the SSCS5 asks for a copy of the decision of the Mandatory reconsideration which ofcourse I will not have, I will have a copy of the dispute letter to show they will not over turn it. They said I still can submit a SSCS5 but include the dispute decision rather instead of a Mandatory reconsideration but I am not sure. Or maybe I can? or maybe if I can request a Mandatory reconsideration of the dispute decision and then I can use the Mandatory reconsideration decision letter and file a SSCS5?

I found a good website called tax credits casualties but the last update was years ago and therefore cant be relied on.

Any advice appreciated?

"Tax credit casualties."

Plenty of them about as the pages of this forum illuminate.

blackcloud

Yes, IceQueen would be a good person to reply to this. Hope IceQueen sees thread soon

Icequeen99

blackcloud wrote: »

Hello all,

I have submitted a TC846 dispute and am still waiting for the response, but am prepared that it will not succeed as I have been told they very seldom do. So I wanted to know what the next step if after this, if I have one. I have been told I can request a reconsideration of the failed dispute TC846 but only if I have new evidence etc which I know I will not have. So will that just be the end of the road?
Can I request a mandatory reconsideration of the decision of the dispute?

CAB told me I can submit a SSCS5 but I questioned them and said the SSCS5 asks for a copy of the decision of the Mandatory reconsideration which ofcourse I will not have, I will have a copy of the dispute letter to show they will not over turn it. They said I still can submit a SSCS5 but include the dispute decision rather instead of a Mandatory reconsideration but I am not sure. Or maybe I can? or maybe if I can request a Mandatory reconsideration of the dispute decision and then I can use the Mandatory reconsideration decision letter and file a SSCS5?

I found a good website called tax credits casualties but the last update was years ago and therefore cant be relied on.

Any advice appreciated?

Hi

CAB are incorrect - you cannot send in an appeal to the Tribunal Service with a dispute decision. As you have already found you need a mandatory reconsideration notice.

Appeals and disputes are two entirely different routes - they have different time limits and different outcomes - most importantly they are used for different things.

Perhaps if you can give some brief details about what the issue is then we can advise whether the appeal route or dispute route is appropriate - also important is the date of any decision you have disputed.

IQ

blackcloud

CAB are incorrect - you cannot send in an appeal to the Tribunal Service with a dispute decision. As you have already found you need a mandatory reconsideration notice.

Thank you, this is what the Tax Credit office also told me but the CAB or atleast an advisor at the CAB said well a dispute decision and a mandatory reconsideration decision are basically the same thing, so still send submit a SSCS5 along with the dispute decision.

OK but my question is --- OK you can not submit a SSCS5 with a dispute decision but you can submit a SSCS5 with a Mandatory Reconsideration decision letter, now what if I submit a Mandatory Reconsideration for the Dispute decision? can I do this? and if the Mandatory Reconsideration fails and they do not overturn the dispute decision with the Mandatory Reconsideration then can I not submit a SSCS5 with the Mandatory Reconsideration decision letter telling me they will not overturn the dispute decision?

Its very complex and would prefer not to go into details on the reasons for the overpayment, Tax Credits advised me the dispute option was the appropiate option in my situation.

Icequeen99

blackcloud wrote: »

Thank you, this is what the Tax Credit office also told me but the CAB or atleast an advisor at the CAB said well a dispute decision and a mandatory reconsideration decision are basically the same thing, so still send submit a SSCS5 along with the dispute decision.

OK but my question is --- OK you can not submit a SSCS5 with a dispute decision but you can submit a SSCS5 with a Mandatory Reconsideration decision letter, now what if I submit a Mandatory Reconsideration for the Dispute decision? can I do this? and if the Mandatory Reconsideration fails and they do not overturn the dispute decision with the Mandatory Reconsideration then can I not submit a SSCS5 with the Mandatory Reconsideration decision letter telling me they will not overturn the dispute decision?

Its very complex and would prefer not to go into details on the reasons for the overpayment, Tax Credits advised me the dispute option was the appropiate option in my situation.

You cannot appeal (of which MR is first stage) against a dispute decision. Only certain decisions, listed in legislation, carry appeal rights and that isn't one of them.

The only way you can submit an MR is if the original decision is appealable.

CAB are way off the mark on this occasion, they are not interchangeable - one carries legal backing (the MR notice) the other doesn't.

The helpline also have a bit of a poor track record of understanding the difference between appeal and disputes.

Your only route for a dispute is the second dispute and then the complaints route to the Adjudicator and Parliamentary Ombudsman but they only look at whether HMRC have applied their own policy in respect of the dispute.

If you want to PM me the details, happy to give you a view off the forum if that would help. Otherwise, if you're unsure you can do both things - follow the complaints process and submit a MR against the original decision (if it is within the time limit)

IQ