Stage Five - Other
Procedures Prior To The Appeals Tribunal Decision (AG)
To deal with other procedures prior to the tribunal decision,
consider steps 1 - 12 below. The guide is presented as follows
Initial action
| 1 | If
- You have been notified by the Appeals Service (tAS) of the
hearing date, go to step 2
- The claimant has indicated in their appeal form TC623 or letter
that they are appealing against a Child Benefit decision as well,
go to step 3
- You have received notification from the Child Benefit Office
that the claimant has appealed against a tax credits decision in
their appeal against a Child Benefit decision, go to step 3
- The claimant has indicated in their appeal form TC623 or letter
that they are appealing against a Child Trust Fund decision as
well, go to step 4
- The claimant notifies you that they have obtained a
representative after the submission was sent to tAS, go to step 5
- You are notified by tAS that the claimant has obtained a
representative after the submission was sent to them, go to step 7
- The Claimant Compliance Officer (CCO) was notified by the
claimant that they had obtained a representative after the
submission was sent to tAS, go to step 8
- The claimant requests that their appeal is withdrawn before a
submission has been sent to tAS, go to step 9
- The claimant requests that their appeal is withdrawn after the
submission was sent to tAS, go to step 11
- You are notified by tAS that the claimant has withdrawn the
appeal at the hearing, go to step 12
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TCO notified of hearing date
| 2 | Use Function MAINTAIN
APPEAL
- Enter the claimant’s
NINO in the Key Entry Data
screen
Note: If you are taken to the Select Application
screen, select the appropriate claim version that the claimant has
appealed against by double clicking on the entry
- You will be taken to the Select Award screen. Double click on
the entry that the appeal has been registered against. It will
appear with a ‘O’ for Open or ‘C’ for
Closed. You will be taken to the Maintain Appeal screen
- On the Maintain Appeal screen, select the status
‘Awaiting Decision’ from the Appeal Status field drop
down list
- Enter the hearing date in the Hearing Date field
Note: The Compliance submission writer must inform
the CCO decision maker so that they can ask to attend as an
observer if they wish to do so
Note: In the Tax Credit Office (Northern Ireland)
(TCO (NI)), tAS will send copies to each representative
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Child Benefit interest
| 3 | If
- The claimant has indicated in their appeal form TC623 or letter
that they are appealing against a Child Benefit decision as
well
- Telephone the Appeals and Reconsideration Group (ARG) at the
Child Benefit Office (CBO)
(This text has been withheld because of exemptions in the
Freedom of Information Act 2000) and inform them that the
claimant has appealed against a Child Benefit decision in their
appeal against their tax credits decision
Note: You must telephone the ARG by the end of the
day immediately following the day you received the claimants
appeal
- Send a copy of the appeal to the ARG
Then
- The details you gave the ARG
- That you have sent a copy of the appeal to the ARG
And then
- Keep the form TC648 with the appeal papers
Note: If the status of the appeal changes, you
must notify the ARG immediately and update the form TC648
- You have received notification from CBO that the claimant has
appealed against a tax credits decision in their appeal against a
Child Benefit decision
- Record the details on form TC648 and keep a copy with the
appeal papers
Note: The information that needs to be shared with
the ARG includes
- The subject of the appeal
- The date the appeal was received
- Any subsequent change in the status of the appeal
- Any other useful information, for example, the hearing date or
the presenting officer’s contact details
And
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Child Trust Fund interest
| 4 | If
- The claimant has indicated in their appeal form TC623 or letter
that they are appealing against a Child Trust Fund decision as
well
- Telephone the Nominated Contact Officer (NCO) at the Child
Trust Fund Office (CTFO) and inform them that the claimant has
appealed against a Child Trust Fund (CTF) decision in their appeal
against their tax credits decision
Note: You must telephone the NCO by the end of the
day immediately following the day you received the claimants
appeal
(This text has been withheld because of exemptions in the
Freedom of Information Act 2000)
- Send a copy of the appeal to the NCO
Then
- The details you gave the NCO
- That you have sent a copy of the appeal to the NCO
And then
- Keep the form TC648 with the appeal papers
Note: If the status of the appeal changes, you
must notify the NCO immediately and update the form TC648
- You have received notification from the CTFO that the claimant
has appealed against a tax credits decision in their appeal against
a CTF decision
- Record the details on form TC648 and keep a copy with the
appeal papers
Note: The information that needs to be shared with
the NCO includes
- The subject of the appeal
- The date the appeal was received
- Any subsequent change in the status of the appeal
- Any other useful information, for example, the hearing date or
the presenting officer’s contact details
And
The result of the appeal
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Appellant's representative notified to TCO after
the submission has been sent
| 5 | Send a copy of the letter
with the representative’s details to tAS with a covering
memo |
| 6 | Send a photocopy of the
submission with a DL/CAP37 to the representative
Note: In TCO (NI), tAS will send a copy to the
representative
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Appellant's representative notified to tAS after
the submission has been sent
| 7 | tAS will inform the TCO
of the representative’s details
- Send a photocopy of the submission with a DL/CAP37 to the
representative
Note: In TCO (NI), tAS will send a copy to the
representative
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Appellant's representative notified to CCO after
the submission has been sent
| 8 | The CCO will
- Inform the TCO Compliance submission writer of the
representative’s details
And then
- Send a copy of the letter with the representative's details on
to the TCO Compliance submission writer
The submission writer must then
- Send a copy of the letter to tAS with a covering memo
And
- Send a photocopy of the submission with a DL/CAP37 to the
representative
Note: In TCO (NI), tAS will send a copy to the
representative
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Request to withdraw before reference to
tAS
| 9 | If the claimant
- Withdraws their appeal verbally
- Send form TC622 (Option 4) to the claimant or their
representative confirming the withdrawal of the appeal
Then
- Withdraws their appeal in writing, go to step 10
Note: The claimant, their
partner or their
representative can withdraw the appeal at any time before the
appeal is heard. Withdrawal requests can be made verbally or
in writing. Written requests must contain enough information
to identify the claimant and which appeal is to be withdrawn. They
must be signed by the claimant, partner or their
representative
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| 10 | To withdraw an appeal
- Use Function MAINTAIN APPEAL
- Enter the claimant’s NINO in the Key Entry Data
screen
Note: If you are taken to the Select Application
screen, select the appropriate claim version that the claimant has
appealed against by double clicking on the entry
- You will be taken to the Select Award screen. Double click on
the entry that the appeal has been registered against. It will
appear with a ‘O’ for Open or ‘C’ for
Closed. You will be taken to the Maintain Appeal screen
- On the Maintain Appeal screen, select the status
‘Closed’ from the Appeal Status field drop down
list
- Select the status ‘Withdrawn’ from the Appeal
Result field drop down list
- Use Function MAINTAIN HOUSEHOLD NOTES and select the 'Appeal'
category to record the
- The name and NINO of the claimant
And
- The date and details of the notice that was appealed
against
Notes:
You must follow the guidance in
How To
Correctly Complete Application And Household Notes when you
record the note
And also
Follow the guidance in
Maintain Household
Notes
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Request to withdraw after submission to
tAS
| 11 | If a withdrawal request
is made to the TCO by the claimant after the submission has been
sent to tAS
- Inform tAS in writing of the claimant's intention to withdraw
the appeal
- If the request is received in writing, photocopy the letter and
send the original to tAS with form LT203(c). This form is held on
the appeals network under the name L203(c) withdrawal
Note: The form LT203(c) has a tear off section
which tAS will use to acknowledge that the appeal has been
withdrawn and will confirm with the appellant that the appeal has
been withdrawn
- If the request is received verbally, complete form TC648 with
the details of the claimant and send it to tAS with form LT203(c).
This form is held on the appeals network under the name L203(c)
withdrawal
- Use Function MAINTAIN APPEAL
- Enter the claimant’s NINO in the Key Entry Data
screen
Note: If you are taken to the Select Application
screen, select the appropriate claim version that the claimant has
appealed against by double clicking on the entry
- You will be taken to the Select Award screen. Double click on
the entry that the appeal has been registered against. It will
appear with a ‘O’ for Open or ‘C’ for
Closed. You will be taken to the Maintain Appeal screen
- On the Maintain Appeal screen, select the status
‘Closed’ from the Appeal Status field drop down
list
- Select the status ‘Withdrawn’ from the Appeal
Result field drop down list
Note: If the claimant contacts tAS directly to
withdraw their appeal, the tAS clerk will inform you of the
withdrawal in writing. You must use Function MAINTAIN APPEAL and
follow the guidance in this step
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Request to withdraw at the hearing
| 12 | The appellant can
withdraw the appeal verbally at the hearing. If this happens the
chairman will record it and tAS will notify the TCO direct
- Use Function MAINTAIN APPEAL
- Enter the claimant’s NINO in the Key Entry Data
screen
Note: If you are taken to the Select Application
screen, select the appropriate claim version that the claimant has
appealed against by double clicking on the entry
- You will be taken to the Select Award screen. Double click on
the entry that the appeal has been registered against. It will
appear with a ‘O’ for Open or ‘C’ for
Closed. You will be taken to the Maintain Appeal screen
- On the Maintain Appeal screen, select the status
‘Closed’ from the Appeal Status field drop down
list
- Select the status ‘Withdrawn’ from the Appeal
Result field drop down list
- Use Function MAINTAIN HOUSEHOLD NOTES to enter the following
message
'
AW17 - Request to withdraw appeal made at hearing'
Notes:
You must follow the guidance in
How To
Correctly Complete Application And Household Notes when you
record the note
And also
Follow the guidance in
Maintain Household
Notes
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