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Top Decision Making and Appeals topic #213

Subject: "Hinchy and tax credit decisions" First topic | Last topic
Andrew_Fisher
                              

Welfare Rights Adviser, Stevenage Citizens Advice Bureau
Member since
23rd Jan 2004

Hinchy and tax credit decisions
Tue 27-Apr-04 01:14 PM

Has anyone tried using Hinchy with a IS/JSA overpayment originating from a decision by the Inland Revenue? I've got an appeal coming up where there was no other argument possible really, and the DWP have not at all unreasonably said Hinchy does not apply as it's not a SoS decision.

Any help gratefully received.

  

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Replies to this topic
RE: Hinchy and tax credit decisions, erika, 27th Apr 2004, #1
RE: Hinchy and tax credit decisions, Andrew_Fisher, 28th Apr 2004, #2
      RE: Hinchy and tax credit decisions, stainsby, 28th Apr 2004, #3
           RE: Hinchy and tax credit decisions, shawn, 28th Apr 2004, #4

erika
                              

Specialist Support Officer Wales, Citizens Advice Cymru Cardiff
Member since
27th Jan 2004

RE: Hinchy and tax credit decisions
Tue 27-Apr-04 03:08 PM

Have you tried asking for a copy of the SLA(Service Level Agreement) which governed information exchange between the two Departments at the relevant time. Although clearly not the same SoS it may be arguable that the information was readily available to the DWP at the material time (a Hinchy II?)

  

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Andrew_Fisher
                              

Welfare Rights Adviser, Stevenage Citizens Advice Bureau
Member since
23rd Jan 2004

RE: Hinchy and tax credit decisions
Wed 28-Apr-04 07:54 AM

Thank you Erica for a starting place. I think it's got to be worth a pop.

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: Hinchy and tax credit decisions
Wed 28-Apr-04 11:40 AM

Dont forget that an error by the Inland Revenue could make the JSA overpayment an official error.

You might have some mileage with an HB decision CH0943/2003

  

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shawn
                              

Charter member

RE: Hinchy and tax credit decisions
Wed 28-Apr-04 11:44 AM

summary of, and link to, CH0943/2003 are available in briefcase @

http://www.rightsnet.org.uk/cgi-bin/publisher/display.cgi?1715-0104-6214+swopshop#CH/943/2003

  

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Top Decision Making and Appeals topic #213First topic | Last topic