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Child benefit via job centre i.e. they forward the form to HMRC. HRMC say they received it few months later.
Would really appreciate some help on the following posted in the past on Rightsnet, can’t find post. But revised some of my thoughts on this case.
Scenario is client claims Child benefit via job centre i.e. they forward the form to HMRC. HRMC say they received it few months later. Client’s account is credible e.g. she had an appointment that day and ID documented by DWP. Seemingly, the same documentation HRMC possess. HRMC case is essentially parallel to Tax credits i.e. the claim is when HRMC receives the claim. Job centre says….............
We are arguing the following - :
Section 58 Tax Credits Act - Administrative arrangements. ‘Permit or require a claim or notification relating to Child Benefit to be made or given to a relevant authority’. ‘For the recording, verification and holding, and the forwarding to the Board, of claims and notifications.
The relevant regulations regarding the above are regs 3 – 5 The Child Benefit and Guardian’s Allowance (Administrative Arrangements) Regulations 2003.
This is where I am doubting the above argument. Cos, we can argue ‘relevant authority’ is the job centre. But the ‘board’ is HRMC and the legislation appears to suggest until the claim is with the board. That is not the date of claim.
So my question is the above arguable.
We have a plan B a SAR to obtain the UC account including the shadow account. In the past we have tracked down Job centre involvement forwarding and losing ESA forms despite denials to the contrary. Then look at redress for maladministration.
Isn’t your problem with the ‘appropriate office’?
Reg 5(2) (2) The person making the claim must deliver or send it to an appropriate office.
Reg 2 “appropriate office” means—
(a)
Waterview Park, Washington, Tyne and Wear; or
(b)
any other office specified in writing by the Board.
Did HMRC specify in writing that the CHB claim could be made via JCP?
Isn’t your problem with the ‘appropriate office’?
Reg 5(2) (2) The person making the claim must deliver or send it to an appropriate office.
Reg 2 “appropriate office” means—
(a)
Waterview Park, Washington, Tyne and Wear; or(b)
any other office specified in writing by the Board.Did HMRC specify in writing that the CHB claim could be made via JCP?
Thanks Paul for the response.
Yes its an almighty problem. No HRMC doesn’t as far as i can find.
CPAG chapter 27 page 564 suggests ‘documents’ can taken to local job centre and forwarded to HRMC. I know not quite the same as a claim. Just trying to see if we can salvage anything for client.