I've been in negotiations with the IR concerning an overpayment of tax credits; against which we have submitted an appeal. So far, despite repeated requests, they have not provided a breakdown of the calculation. Appeal is on the basis that IR can't/won't explain the calculation and there are reasonable grounds for beliving the calculation is incorrect.

IR are refusing to sumbit the appeal as they say that just disagreeing with the award is not a valid ground for appeal. They also told me:

"a tribunal would not be able to calculate tax credits". In the context, this meant that tribunals couldn't do it because it is too hard...

In the same case, I was told that the £3000+ overpayment, plus penalty and interest (which they refuse to formally determine) must be paid within 30 days....

For over two months, they stopped over £200 a week from tax credits. Client had proof of this, but the manager at IR I spoke to denied this saying that the award was still in payment...

I'll have to look for a new job soon as I'm running out of brick walls...

If anyone has any tactics for getting the IR to answer letters, please post.

The only thing I can suggest, if you are not already doing it, is to follow through their Complaints Procedure (as in COP 1) and then go to the Adjudicator. You are supposed to wait for an answer from TCO to your complaint letters before going to Adjudicator, but if they simply go on ignoring them the Adjudicator's office might be able to put pressure on them to reply. It takes a long time, but might be worth it.

I've found writing to the AO first means that your complaint letter is sent to TCO by the AO and not by you. It seems to get looked at that way (operative word there 'seems'). It also means you have a complaint registered with the AO and a reference number. If you get no joy you can go back to them and complain on that basis alone. Which emans they can go back. It's just another lever really but at least someone feels your pain. I think the AO's office is appalled with Tax Credits.

Regarding your appeal you can ask a DC at TAS to direct that a submission is provided within a certain period of time and if it is not provided you can send in the evidence to allow a tribunal to hear an appeal, under regulation 38(2) of the SS&CS (D&A) Regs 1999. I had a local authority appeal heard last week on that basis that they'd sat on for ages. TAS don't like gatekeepers acting as a judge and executioner on their own jursidiction.

MP might help too. Good luck.

i made my first complaint to the adjudicator on friday, when i received a reply from the customer relations department, to my last letter but two.

the case is still with the Specialist Unit for consideration - and 'customer relations' have ignored my request for explanation of the overpayment, and contact details for the specialist unit. they have given the helpline no. which it must know won't be able to help.

the wording of the letter is extremely courteous, but tells us nothing about what they have done with the case in the last five and a half months, and aside from the hollow ring to their words, has a very patronising feel to it - though nothing as overt as Tony's 'too difficult for tribunals...' which must be a classic!

perhaps if the adjudicator is flooded with complaints...?

jan

I think they already are - the person I spoke to was implying that they needed a new office to cope.

I've also got an appeal in regarding calculation of an overpayment. It has been going on since October now and i'm sick of phoning writing. I have actually got a direct number to a person, but as he is bound by the computer systems it is not helpful.

I've now started quoting Human Rights Act at him - left him speachless at the time - but it has still got no further.

I have also been told that there are no valid grounds for appeal! I thought that was the whole point of having an appeal, to have the case examined by an impartial chairman.

I just feel as if I am going round in circles with this and am getting the "brickwall" syndrome.

Then hit them back! Reg 38(2) and an AO complaint. I can really empathise I've got two appeals from late 2003 which have yet to be written up. It's so hard to keep any semblance of momentum or grip on the plot when nothing's happening and you start to question whether you've got grounds or anything anyway.

Be firm of purpose! It really needs an appeal to go ahead and preferably fail to get a CD to show these clowns that refusing to adminster valid appeals is very wrong.

I really wish someone would JR them frankly, if it's not fettering of discretion I don't know what is. If you've got a CLS contract try speaking to the Public Law Line on 0808 808 4546. Keep us updated. But you are not alone.

You may want to look at the Parliamentary Ombudsman's file, case number C.164/99 where the Ombudsman found the (then) Benefits Agency guilty of maladministration and awarded the claimant nearly £500 in compensation for not looking at further evidence provided for 10 months after the first tribunal was heard and adjourned. The BA then sought further evidence and delayed in providing a submission for a further 12 months. Incidentally, the claimant won her appeal.

Regards
Paul

Am pushing for ombudsman at the moment - Problem is Tony's our MP...

Ouch!!!