appeals

  • Tax credits toolkit


    page

    What to do when things go wrong with tax credits

    See our factsheet, Tax credits: challenging decisions for more detail on how to identify what decision has been made on your tax credits. If you have been overpaid, the first thing to do is to check whether the decision which created the overpayment is correct. See our factsheet, Tax credit overpayments for more detail on overpayments.

  • Fair comment?

    Issue 264 (June 2018)
    article

    Simon Osborne describes recent caselaw setting out concern at some official responses in appeals to the First-tier Tribunal.

  • Appeal rights and tax credits

    Issue 262 (February 2018)
    article

    We now know that in benefits an appeal right still exists even where the DWP refuses to carry out a mandatory reconsideration on grounds of lateness. But what about tax credits and HM Revenue and Customs (HMRC)? Mark Willis explains.

  • ESA/UC: appeals and previous medical reports

    Issue 261 (December 2017)
    article

    Simon Osborne reviews recent caselaw and guidance concerning when a tribunal considering an appeal about the work capability assessment should call for the previous medical report.

  • Appeals to the Upper Tribunal


    training course

    This course is essential for anyone who wants to challenge decisions of the First-tier Tribunal (Social Entitlement Chamber) effectively. The main aim of the course is to give you an understanding of what is an error of law and practice in finding errors of law in the First-tier Tribunal statement of reasons.

     

    The course covers:

    Read more
  • Challenging ESA decisions

    Level: Standard

    training course

    Employment and support allowance (ESA) is the subject of considerable change. This course looks at appeal issues and tactics, including the developing body of caselaw.

     

    The course covers:

    • Entitlement to benefit while challenging a decision
    • Submissions, medical evidence and other tactical issues
    • Mandatory reconsideration – problems and practice
    • Important work capability assessment caselaw

     

    Read more
  • Challenging PIP decisions

    Level: Standard

    training course

    This one-day course looks at how to challenge personal independence payment (PIP) decisions. There is an opportunity to discuss how the different PIP criteria affect appeal tactics, and think through how to go about getting the right outcome for clients. The course covers some of the significant caselaw that is relevant to PIP.

     

    The course covers:

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    Dates:
  • Representing at the First-tier Tribunal

    Level: Standard

    training course

    This popular two-day course gives a basic grounding in representing clients at the First-tier Tribunal. Through mock tribunals, participants gain experience in a safe environment where there is nothing to lose.

     

    The course covers:

    • Making an appeal
    • Tribunal procedure
    • Case preparation – getting evidence and applying the law
    • The role of the chair
    • Rules of evidence
    • Basic advocacy and presentational skills

     

    Read more
  • Refusal to accept late mandatory reconsideration requests

    Last updated: September 25, 2017
    test case

    Update - 25 September 2017 - on 4 August 2017 a three-judge panel of the Upper Tribunal decided that, where a claimant makes a mandatory reconsideration request at any time within 13 months of the original decision, s/he will, if dissatisfied, subsequently be entitled to appeal to a First-tier Tribunal.

  • Tax credits and appeal rights

    Last updated: September 25, 2017
    test case

    Update - 25 September 2017 - on 14 June 2017 a three-judge panel of the Upper Tribunal decided that -

    'As soon as the Commissioners for Her Majesty’s Revenue and Customs have made a decision under section 18 of the Tax Credits Act 2002 for a tax year, any decision made under section 16 for that tax year ceases retrospectively to have any operative effect, any appeal that has been brought against that section 16 decision therefore lapses, the First-tier Tribunal ceases to have jurisdiction in relation to that appeal and that tribunal must strike out the proceedings.' (paragraph 1)