discussion forum

My client notified in August last year that child care costs were payable.

Nothing happened. She assumed she wasn’t entitled because she was working full time.

I identified the error and contacted the intermediaries helpline. The response was most unhelpful and quite judgemental “it’s [the client’s fault] for not chasing it up” - without any inkling of why it wasn’t chased up or any recognition of the TCO’s failed responsibility in dealing with the change they acknowledge was reported.

They reckon that we have to write in, but it won’t be awarded from the change.

I’m not relishing the prospect of having to deal with this, especially as we’re in the renewal period and client hasn’t received the annual declaration pack yet.

The relevant C&N regs (19, 22 and 27) and s.15 TCA do not suggest any forfeit of entitlement for not pursuing a reported change and therefore the change must be actioned.

Any ideas on how best to deal with this will be most gratefully received. I’m thinking that we should write now for a revision of the PY (2011-12) interim decision followed by an appeal of the final decision, when it’s issued, if it does not include the correct childcare costs.

What do you think?

Have they added them on now?

You could request that they amend any of the 2011/12 decisions under Section 21 TCA 2002 and the Official Error Regulations.

Failing that, you could just wait until the 2011/12 final notice and then appeal it.

You might request the phone call recordings to support your case in the meantime.

Victoria
LITRG

Thanks Victoria,

The CCC are included from 06/04/12.

Do you agree that there is no mechanism for witholding an increase once a CoC is properly notified?

I’m not sure a revision under official error would work at the moment because the interim decision was not wrong when it was issued - it’s a change of circs.

My main concern is that we’re in the renewal period and I know from experience that getting anything changed whilst an existing process is going on is near hopeless. I’m also worried that if we don’t try get the CY (2011/12) interim award changed then me might scupper a challenge to the final decision later.

If you agree that there is no loss in waiting for the final decision and then seeking a revision or appeal on official error grounds, then I think that’s what I’ll recommend in order to keep things as simple as possible.

Thanks again,

PS. phone recordings not required as TCO have recorded the notification of the change and the intermediarieis adviser acknowledged that it wasn’t dealt with.

I agree that s.15 required HMRC to make a decision because the notification was made. They have failed to take action that the TCA says they must take.

On the official error point, i was suggesting that if there was any other decision issued after she made the notification, then you could ask for it to be amended under the official error regs. When was the last notice relating to 11/12 issued?

I can’t think of a reason why it would be a problem to wait for the finalised notice.

Victoria

Thanks Victoria.

There were no notices issued after the change of circs. We’ll save it for a dispute of the finalised award then.

Thanks again,

hi how far can you go back for official errors client wanted to appeal against decision from 2009 overpayments due to tax credits now ending the hrm have sent demands for the overpayments to be paid back thanks for any help

Jasper. Five years after the disputed decision was issued (reg 3(3) TC (Official Error) Regulations) is the time limit for revising a decision that was subject to appeal.

That is not the same as for appealing, which would be too late now. It would also be necessary to establish an official error within the meaning of the official error regulations.

It sounds like you need to find a local specialist to talk to or refer your client.

http://legaladviserfinder.justice.gov.uk/AdviserSearch.do

hi thanks tony any other information on how to appeal ask for revision on this wtc overpayment thanks

Hi Jasper,

There’s more than one welfare rights specailist advice agency in the Liverpool area and I strongly suggest you make use of them. You can use the link I posted earlier to find a specialist welfare benefits adviser closest to you or your client.

Tony