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

HMRC legal department/solicitor’s office address?

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Total Posts: 1116

Joined: 25 February 2014

Never having had to do this before, I just need to check on the correct address…..

I have just been referred a Tax Credits appeal which HMRC state should be lapsed following LS and RS. Unfortunately, this is correct - a section 18 decision was made 7/6/2017. So we’re going to need to lodge a late MR against that in order to get the ball rolling again.

But;

I) In LS and RS HMRC’s representative made a big song and dance about it being their policy to not make a s. 18 decision where there was an outstanding appeal in order to avoid it being lapsed. A policy clearly not followed here.

2) Neither part of the composite s. 18 decision informs the client of her appeal (or MR) rights - so time has not yet started to run.

3) LS and RS wasn’t published until 14/7/2017 - so even if the client had had legal advice (which she hadn’t) it wasn’t clear until that point the appeal had lapsed.

4) HMRC’s response to the appeal (i.e. where it first states the appeal should be lapsed) was only issued 14/8/2017. So there was no real possibility of the client being alerted to the possibility of lapsing prior to this..

I want to use all of the above to get HMRC solicitors to instruct the TCO to accept the ‘late’ MR.

Is it the Bush House address I need?

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Looks like yes to South West Bush House


General Counsel and Solicitor. Social Mobility Champion Gill Aitken https://www.gov.uk/government/people/gill-aitken

Email = https://www.ceoemail.com/s.php?id=ceo-93381

Solicitor’s Office
Room 200 South
South West Bush House
Strand
London
WC2B 4RD

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Total Posts: 1116

Joined: 25 February 2014

Cheers John - brilliant. Even better, an email address.

ETA - hold tight, that CEO email link is asking me to pay before going further. Is there an actual email address to use?

[ Edited: 15 Sep 2017 at 12:16 pm by past caring ]
John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Total Posts: 1064

Joined: 16 June 2010

.(JavaScript must be enabled to view this email address)

all donations welcome!

LITRG
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Low Incomes Tax Reform Group

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Joined: 16 June 2010

past caring - 15 September 2017 11:47 AM

Never having had to do this before, I just need to check on the correct address…..

I have just been referred a Tax Credits appeal which HMRC state should be lapsed following LS and RS. Unfortunately, this is correct - a section 18 decision was made 7/6/2017. So we’re going to need to lodge a late MR against that in order to get the ball rolling again.

But;

I) In LS and RS HMRC’s representative made a big song and dance about it being their policy to not make a s. 18 decision where there was an outstanding appeal in order to avoid it being lapsed. A policy clearly not followed here.

2) Neither part of the composite s. 18 decision informs the client of her appeal (or MR) rights - so time has not yet started to run.

3) LS and RS wasn’t published until 14/7/2017 - so even if the client had had legal advice (which she hadn’t) it wasn’t clear until that point the appeal had lapsed.

4) HMRC’s response to the appeal (i.e. where it first states the appeal should be lapsed) was only issued 14/8/2017. So there was no real possibility of the client being alerted to the possibility of lapsing prior to this..

I want to use all of the above to get HMRC solicitors to instruct the TCO to accept the ‘late’ MR.

Is it the Bush House address I need?

When the case was decided - we double checked with HMRC via the benefits and credits consultation group that they were holding off making s.18 decisions where appeals were outstanding and we were assured that was in place.

If you do find out anything about why this may have not happened then it would be helpful to know and I think the case raises issues around what happens in cases where the process fails.

My email is .(JavaScript must be enabled to view this email address)

Victoria