Thu 31-Jan-08 01:20 PM by Tony Bowman

HMRC have been thier usual incompetent self in dealing (i.e. NOT dealing) with my client's appeal. I asked the chair for a direction ordering HMRC to submit the appeal to TAS.

The LQPM made an admissability decision but then said he had no power to make a direction until HMRC sent the appeal to TAS.

I'm unsure. r.38 DMA regs seems to allow a wide power for the issue of directions. But in this respect, is an an appeal not an appeal until it's been dealt with by the receiving organisation and referred to TAS. Also there is a lot in the relevant acts and regs about what an APPELLANT MUST DO, but absolutely nothing on the receiving orgs to deal with an appeal.

If the chair won't issue a direction, how does my client get anywhere near a tribunal, especially as it's now taking YEARS to exhaust the complaints procedure!!

Is the Chair correct?

Thanks as usual for all help and tips,

Tony

Does anything in this thread

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=106&topic_id=2498&mesg_id=2498&page=

help?

Yes, thank you Claire.

I would still welcome views on whether or not reg 38 can be used before the DWP/TCO has sent the appeal to TAS? In this case the DC says no powers; in another case I got a direction.

Does this indicate that DC's/LQPM are unsure of the powers available to them, or that at least some think they can't invoke reg 38 without the appeal being sent to them?

Hi Tony

In my view the LQPM is wrong. Read the commentary to reg 20 of the HB (D&A) Regs. The commissioners cited make it quite clear that the LQPM is wrong.

Although the HB and SS/TC Acts/Regs are in slightly different terms the same reasoning, in my view, applies.

Paul

Where I work (Liverpool) the district chair of TAS is Nick Warren, and he seems to think he has the power to give directions to the HMRC to issue appeal papers where they are delaying too long. He has done this at least once (well, acording to this blog: www.rightsandwrongsuk.blogspot.com, look under "social security" entries). I know he used to do the same regularly for housing benefit appeals, when they were fairly new and the local authority couldn't quite get the hang of producing appeal papers. I don't know what regulation he uses, but maybe somebody would like to ask? The information might be of use to advisers in other areas of the country. The address of the Liverpool TAS is Prudential Buildings, 36 Dale Street, Liverpool L2.