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

late MR advic plese

SocSec
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I have a client who had a decision in sept 2016 d has asked for an MR of it but been refused as out of time, any advcie please on a late challenge it now ?

Elliot Kent
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Shelter

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Edit: Sorry, didn’t realise it’s tax credits…

I think judicial review would be the only option - as per Billy below, maybe refer to CPAG.

 

[ Edited: 16 Mar 2017 at 07:07 am by Elliot Kent ]
BC Welfare Rights
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Were CPAG looking for possible cases on these lines?? I might be thinking of something else but worth an ask.

SocSec
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Thanks, I can’t see anything on CPAG site at present !

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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SocSec - 16 March 2017 08:48 AM

Thanks, I can’t see anything on CPAG site at present !

From CPAG’s Test case referrals page

5. Mandatory reconsideration

HMRC/DWP say there is no right of appeal against a refusal to accept a late mandatory reconsideration request.  As a result, many claimants with good reason for lateness are prevented from accessing an independent Tribunal, often leading to manifestly unfair ‘overpayments’ and debts.  CPAG is looking for cases to challenge this under Article 6 (fair trial) of the European Convention on Human Rights. We are keen to hear from advisers or clients who have been refused a mandatory reconsideration by the DWP or HMRC without a right of appeal because their request was late. 

benefitsadviser
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Bump!

Client of mine posted MR to tax creds.

Waited a few weeks : no response.

She called TC to be told they never received it.

Sent another MR, with a note explaining circumstances.

MR refused as it was late.

Anything we can do here?

Anyone have any luck using section 21B , amendment of TC 2002?

Thanks

[ Edited: 15 Feb 2018 at 10:08 am by benefitsadviser ]
SocSec
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write to tribunal and ask them to admit an appeal on the basis that hr chave not provide an MR, I have done this with my case and tribunal are taking it on as an appeal and have asked hmrc to prepare a submission, just make sure your client has all his/her ducks lined up though when the tribunal hear the case s they will no b impressed if it turns out hmrc are right !

Martin Williams
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We think that in such cases it is probably best to do a pre-action letter before claim for JR as well as trying to appeal…. see forthcoming WRB article.

Argument on JR would be that the legislation allowing them to impose MR was not intended to limit rights of appeal which is what their decision not to extend time effectively does. Following the 3 judge panel on this issue for DWP benefits then clear this involves an Art 6 ECHR breach. As such they need to admit the MR request.

We have not seen any of these where they have refused to admit MR request when a JR threat is made.

Martin

SocSec
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thanks Martin, can we come to you for help with the PAP letter if needed, a JR is a bit daunting to us umble advisors