HMRC unable to determine Concentrix decision - no benefit since August.

Hi

I have a client who had her benefit stopped in August as there was someone else down as living with her (her elderly mother).

She came to me end of September and at this point the case was still with Concentrix. We sent in all the required evidence (again) but via recorded delivery and received a letter from HMRC mid October later saying the decision had been returned from Concentrix and she would be notified of the decision after HMRC had looked at it.
I chased it 10 days later having heard nothing and was urged by the Advisor to complete a MR.  I told him we had never received a decision so how could we request a MR when no decision had been made and we hadn’t been notified. He looked into it further and said there looked to be a glitch in the system and that it had come back from Concentrix and the benefit should never have been stopped and she should have already received payment and is due a backdated amount from them and there looked to be a technical issue. I confirmed with him that there would be a backdate - yes and the benefit should never have been stopped - yes. He asked us to wait up to 3 weeks for the payment to be made but guaranteed it would.

After 2 weeks I chased this up, to be told that the benefit wasn’t being paid or backdated as Concentrix had claimed someone else lived at the property. I challenged this statement and relayed the conversation I had with an advisor 2 weeks prior. She looked into it further, apparently Concentrix marked it down both that the claimant had an undeclared partner AND that there was no undeclared partner so HMRC didn’t know what to do with it and just left it! There wasn’t a decision made that they could look at.

So as it stands I have emailed an urgent MR, she said that was the only way anyone would look at it,  but as of yet heard nothing but we are within the 3 weeks. I have a feeling because no decision has been made that the MR will not be of any use.

I have tried to make a complaint on 3 separate occasions being told each time that only a manager can take this complaint and to expect a phone call within 48 hours. I have tried staying on the line saying I would wait for a manager to become available and have been refused. I am at a loss what to do! I have now written my complaint and sent it via post.

I have managed to get HMRC to make a hardship payment to my client but she is really struggling.
Is there something missing that I can do as this is my first Concentrix case and my client is suffering. Help please!

They really do excell themselves sometimes don’t they?

To be honest, the quickest route from A to B is probably to get the client’s MP involved. I would imagine a letter from the consituency office would probably do the trick.

If not- is it worth contacting CPAG to see if they could take it on?

Request your clients MP to take up the case urgently - MPs have a dedicated contact route to HMRC. we find this route through our local MPs can (but not always!) be quick and effective.

You could also serve a ‘notice before action’ on HMRC (Treasury) solicitors - contact details in CPAG Appendix 1 p 1611 - due to the unreasonable delay in making / issuing a decision (TC602) - again can be very effective.

If you have a date TC was stopped you could use that as the date to base the MR on (was the client sent a TC607 (or similar) letter by Concentrix stating payment would be stopped and referred to HMRC to issue a decsion (which never came - not unusual). In practice HMRC will (sometimes) accept an MR against the date of a TC607 even though there has never been an actual decision notice (TC602).

Thanks, I had considered the MP route and think it might be worth doing. They are so frustrating!

Just saw your reply Peter, they received no letters from Concentrix at all following the evidence we sent recorded delivery. Only a generic one from HMRC stating the case was back from Concentrix and that HMRC would look at it and inform her of the decision. That was the last letter she received fromm anyone.

I have gone the MP route for a few cases, they were more than happy to take it on and they all got resolved a lot quicker than the ones that I didn’t use the MP for.

I suppose what harm can it do you have already provided all the information its just to push it all along.

Forgot to update
I put in a subject access request and complained I couldnt make a complaint.
Not sure if either helped but the next day decision was made she was entitled afterall and she got the full amount backdated and paid in a lump sum and her paymnts put back in place.
Thanks for the help.