How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

How to proceed... Child tax credits appeal 29 Aug 2014 decision

Resolved Question:

How to proceed...
Child tax credits appeal 29 Aug 2014 decision notice appeal refused Respondent Secretary of State for Work & Pensions
Permission to Appeal letter from me 26 June 2015 explaining why late appeal also that the repondent should have been DWP not HMRC
Reply from Tribunals service 5 Aug 2015 Decision notice permission refused
But enclosed form Upper Tribunal admin Appeals Chamber, for which reply has to be within one month (5 Sept) I believe.
For health reasons and utter lack of support from any organisation there has been time delay on my part and I just do not know how to proceed ( believe me I have tried sourcing and accessing legal help organisations for the last 2 years to no avail)
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

Decision notice 5 Aug....The appellant has not provided reasons why the decision was wrong and appears to be raising issues with the DWP rather than the respondent (HMRC).######

From the outset I believed my case to be against the actions of DWP in they caused my loss of income (£4.500.00) by taking me off invalidity benefit and putting me on pension, pension being calculable as income towards Child Tax Credit, which then excluded me as over the limit.

My point is DWP caused all this because they did not give me the option of Deferring my Pension at the time I became eligible for pension.

#####My letter 26 June 2015 clearly explains why there was a delay in appealing "The reason for my delay is because I became very depressed following the decision and coupled with my disability was unable to conduct my affairs as normal,also coupled withe fact that I cannot source any help of any kind and am isolated".

I have multiple ailments and have been on a large amount of medication for many years. I hope this helps to clarify, and please do not hesitate to contact me 01274 830102

Expert:  Jo C. replied 2 years ago.
Ok. Thanks.
So what is your question about this please?
Customer: replied 2 years ago.

Should I still apply to the Upper Tribunal, if so how should I reply to"please tell us what ERROR OF LAW you think the First Tier Tribunal has made"

Or am I simply wasting my time fighting this injustice

Perhaps the first Tribunal Judge misrepresented my case by making the Respondent HM Revenue & Customs instead of D.W.P., who were respon sible at the outset?

Expert:  Jo C. replied 2 years ago.
I am afraid I cannot agree that there has been an error in law.
The Judgment was a perfectly lawful one.
Your complaint is against the DWP. That might be entirely merited but it has no relation to the appeal you are bringing which is against HMRT.
The only challenge you could bring actually is upon error of fact in that you did explain the delay but, in truth, it is not the best explanation and you still get back into the same position as before which is that the HMRT are not wrong in the decision they have made. The DWP may be or may not be but that is not the decision that you are appealing.
I'm very sorry but that is your position.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I agree that in the matter of HMRC they were simply doing their job, but I reiterate the case (Respondent) should have been Department for Work & Pensions. Had I known that Tribunal Judge Hussein was addressing the wrong department at the time perhaps I could have steered the right direction.

On that point is there any chance of persuing DWP at this late stage?

Expert:  Jo C. replied 2 years ago.
Not through this route.
You can appeal the DWP's decision but it needs to be a separate appeal and you might be out of time now.
Customer: replied 2 years ago.

How do I go about making a new appeal to DWP

Expert:  Jo C. replied 2 years ago.
See below
https://www.gov.uk/social-security-child-support-tribunal/overview
It would need to be within one month of the decision.
Customer: replied 2 years ago.

Is that one month after the latest decision 5 Aug 2015 if so how should I proceed

Expert:  Jo C. replied 2 years ago.
No, a month after the adverse decision of the DWP
Customer: replied 2 years ago.

Do you mean originally when they first changed to pension from incap benefit

If thats the case is there any posibility of a civil case against them as their actions cost me a lot of money?

Expert:  Jo C. replied 2 years ago.
Yes, that is right. The date of the decision complained of.
No, I'm afraid there isn't a civil claim.
You could try to appeal out of time but that might not succeed.
Customer: replied 2 years ago.

Its worth a try as it will cost me nothing

I do feel I have been treated unfairly, as I didnt find out about the consequences until child tax credit was applied for and rejected for the reasons given.

Thank you for your time, you are the only person who has given me any answers

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C. and other Law Specialists are ready to help you