latest from HMRC's 2007 Departmental report, published yesterday ....

'Following discussions around the feasibility of introducing an independent review of HMRC decisions to recover
overpayments caused by official error, HMRC and the Adjudicator plan a pilot in the summer of 2007 with a proportion of cases being offered this new service.

If a claimant disputes the recovery of an overpayment and, after review, we conclude it is recoverable under the Code of Practice 262, we will give the claimant the option of having this case reviewed by the Adjudicator by a fast track process.

This will be an alternative to the current procedure where the claimant then has to make a formal complaint about the handling of their case, and that case has to be first reviewed as part of the Department's complaint handling procedures.'

is this meant to be the response to the recommendation to give a right of appeal?

"strongly supports calls for the introduction of a right of appeal to an independent tribunal against a decision on a disputed overpayment, and calls on the government to either introduce whatever legislation is necessary as a matter of priority, or explain its reluctance to allow tax credits claimants access to justice." -Treasury Sub-Committee report

http://www.rightsnet.org.uk/cgi-bin/sub_client/search.cgi?template2=news/user_details2.htm&output_number=1&news.ID=6614599719

It isn't just that few people other other than officials and ministers are satisfied that there has been no compromise to individuals' human right to a fair hearing. the development of case-law directly on the recoverability of overpayments has been blocked. the whole system, and all parties involved in it would have benefited from the judicial application of wisdom, doubtless drawing one way or another on earlier established principles and guidance, and that has been intentionally denied.

I am sorry to be depressing.

The Adjudicator has a problem........too many people are complaining to her about tax credits. She has two solutions; increase resources to deal with this extra influx or somehow reduce the volume of work coming to her.

So I presume that someone in government (bear in mind that technically the Adjudicator's Office is part of HMRC.....she has a service level agreement with HMRC] has said you will not get more resource so she has chosen to go down the containment route.

The containment strategy has meant removing her address/telephone number from as many HMRC publications as possible. In addition asking the Tax Credits Office to do some of the work that she might have had done previously in her office......i.e, in complaints terms sorting the sheep from the goats.

We shall have to see whether such adjustments are in the best interests of the low income population.

Personally I do not think things will improve until the claimant has a legal right to appeal to a truly independent body of legally trained judges............but I must not pre-judge.

hi john

i'm so close to invoking godwin's law i'm biting my tongue...for now...

John:

I'm confused. HMRC say the pilots will involve the Adjudicator doing a fast track review. You are saying that the Adjudicator is getting HMRC to "sort the sheep from the goats". What does this mean in practice? If HMRC are sorting sheep from goats what cases will actually get referred to Adjudicator for the fast track review? Is there any reason to suppose HMRC will come to any different conclusion as a result of this sorting than they came to at the earlier stages of the complaints procedure?

I think it is important advisers know exactly what is intended so that clients can be properly advised as to whether it is in their best interest to opt for this fast track review if it is offered. (But can HMRC be relied on to give full meaningful understandable information about this, I wonder?)

Derek.........I'm confused as well.

I have not been told of the "special" fast-track which is coming in; but it may be the same as the pilot project that they have been operating since February where the intent is for HMRC to sort complainants for referral to the Adjudicator into "simple" and "difficult" or sheep and goats if you prefer.

The Adjudicator will then spend more time on the "difficult" than she will on the "simple", the latter being cases where HMRC have impeccably kept to the rules of COP26 (which does not say anything about whether fairness or justice have been done)and where the Adjudicator is unlikely to disagree fundamentally with what HMRC have decided.

But I may have got the wrong end of the stick...........it has happened before........

Interesting. I wonder in what circumstances HMRC are going to conclude that they have NOT "impeccably kept to the rules of COP26". Isn't that what they are supposed to do all the time?

JohnA,

There is no question but that things will only improve for claimants when they get an independent right to appeal overpayments, including the recoverability of overpayments. How many advisers are campaigning for this without reservation?
By the way, it comes across as rather patronising to refer to tax credit claimants as "the low income population". Without access to a right of independent appeal, this "population" will continue to suffer from HMRC's arrogant, insufferable refusal to be held publicly accountable for their administration of what is, after all, a public service.

I cannot speak for others but we have been campaigning actively since 2003. Coming from a tax background an appeal is a fundamental part of the tax system and one we fervently wish to see introduced into tax credits overpayments.

I referred to the low income population because that is the parameter my organisation sets for concentrating our resources on those that might need help most, be they pensioners, students or tax credits claimants.

The thousands of people we have helped have never accused us of patronising them. They quite like us.

I quite like u all too John