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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

STAYED CASES NOW BEING RELEASED

SocSec
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welfare benefits/citizens advice//ashfield

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After 3 years since appealing the stayed cases are being sent back for new hearings, not of course on the substantive matter but to decide if there are grounds for a late appeal being lodged, Lets hope after 3 years that hurdle is not so hard to get over. will HMRC give up the cases and throw in their hand on the appeals ??

MaggieB
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Dorchester CAB

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Lets hope.  After over 2 years I’m going to have to see client again so we can both remember what happened!

SocSec
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some of mine have moved away and lost contact, guess they will just lose the appeal !!

Ros White
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Advice and Rights team, CPAG, London

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As you probably know, it was a CPAG case -

http://www.rightsnet.org.uk/welfare-rights/caselaw/item/Tribunal-rules-can-enable-extension-of-tax-credit-appeal-time-limits-set-by

We’re interested in whether anybody who was refused a late appeal since 2008 but whose case wasn’t stayed has been contacted by HMRC - have any of you heard of that happening?

Here’s our Welfare Rights bulletin article about the case -

http://www.cpag.org.uk/content/late-better-never

thanks Ros

SocSec
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Ros, I had one that was due to go to an appeal but hmrc changed the decision and said they had ;settled’ the case as far as I know the claimant never heard any more about it and when ever I called hmrc they said it was with a special unit who were dealing with it

Ros White
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Advice and Rights team, CPAG, London

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Hi SocSec, thanks for that - was it a late appeal?

SocSec
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Ros,  it was a late appeal, not sure why they backed down on that one though

Ros White
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Ok thanks SocSec.

MaggieB
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Dorchester CAB

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Brilliant news.  One of my cohabitation cases stayed pending CPAG case was recently referred back to FTT to consider late appeal. Waiting for HMRC to object or not..
Client called yesterday to say she had just been called by HMRC appeals team. They told her the decision on cohabitation should “never have been made” and was being revised immediately. They had called to allow her to stop direct debit due tomorrow.  Total she has already paid back will be refunded immediately (£1500)
Happy Christmas from HMRC!  Client over the moon. So am I - to close 3 year case with a happy ending…makes all the hard work worthwhile..
Just a pity that all those decisions that should never have been made were made

SocSec
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And a merry Christmas to one of mine too, 4 years since we lodged the appeal and it went back to tribunal last week to decide if it was in time or not, the tribunal decided the substantive case on cohabitation in my client’s favour, so 4 years of worry about huge overpayment removed, I still have a couple pending from 4 years ago , hoping they get the same result.

Surrey Adviser
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Perhaps they’re looking at cohab. cases as a result of the Concentrix cock-up.  Or is that too much to hope for?  I fear that if they did it properly they’d have to go back an awful long way!