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 actionStep 1
TCO notified of hearing dateStep 2
Child Benefit interestStep 3
Child Trust Fund interestStep 4
Appellant's representative notified to TCO after the submission has been sentSteps 5 – 6
Appellant's representative notified to tAS after the submission has been sentStep 7
Appellant's representative notified to CCO after the submission has been sentStep 8
Request to withdraw before reference to tASSteps 9 – 10
Request to withdraw after submission to tASStep 11
Request to withdraw at the hearingStep 12


Go to top of page   Initial action

1If
  • 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  • The claimant requests that their appeal is withdrawn before a submission has been sent to tAS, go to step 9
     
  • The claimant requests that their appeal is withdrawn after the submission was sent to tAS, go to step 11
     
  • You are notified by tAS that the claimant has withdrawn the appeal at the hearing, go to step 12


Go to top of page  TCO notified of hearing date

2Use 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

  • Take no further action


Go to top of page  Child Benefit interest

3If
  • 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

  • Complete form TC648 with
  • 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

  • Take no further action
  • 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
  • Take no further action

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

  • The result of the appeal


Go to top of pageChild Trust Fund interest

4If
  • 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

  • Complete form TC648 with
  • 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

  • Take no further action
  • 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
  • Take no further action

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


Go to top of page  Appellant's representative notified to TCO after the submission has been sent

5Send a copy of the letter with the representative’s details to tAS with a covering memo
6Send a photocopy of the submission with a DL/CAP37 to the representative
 

Note: In TCO (NI), tAS will send a copy to the representative

  • Take no further action


Go to top of page  Appellant's representative notified to tAS after the submission has been sent

7tAS 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

  • Take no further action


Go to top of page  Appellant's representative notified to CCO after the submission has been sent

8The 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

  • Take no further action


Go to top of page  Request to withdraw before reference to tAS

9If the claimant
  • Withdraws their appeal verbally
  • Send form TC622 (Option 4) to the claimant or their representative confirming the withdrawal of the appeal

Then

  • Go to step 10
  • 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

10To 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
  • Withdrawal of the appeal
  • 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


Go to top of page  Request to withdraw after submission to tAS

11If 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


Go to top of page  Request to withdraw at the hearing

12The 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