Stage Six - Action On Receipt Of The Tribunal’s Decision (AG)

• Link the tribunal decision to the casepapers

Then

• Pass them to the submission writer

• Made in accordance with the regulations, pass the tribunal’s decision to the appeals officer. If the

• Appeal is allowed, go to step 3

• Decision is upheld, go to step 5

• Tribunal adjourns the appeal, go to step 6

• Appeal is withdrawn at the hearing, go to step 9

• Appeal has compliance involvement, go to step 10

• Appeal has a representative involved, go to step 11

• Not made in accordance with the regulations, the submission writer must follow the guidance in Consideration Of An Appeal To The Commissioners

• Use Function CAPTURE APPLICATION if the claim has been disallowed

Or

• Use Function AMEND APPLICATION if the claim has been awarded

• 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 ‘Appeal Upheld’ from the Appeal Result field drop down list

• Consider whether an appeal to the Commissioners is appropriate. Follow the guidance in Consideration Of An Appeal To The Commissioners

Then

• Retain the tribunal’s decision and any correspondence in the clerical Bf for 9 months. After which, send the documents to remote storage. Follow the guidance in Preparing And Sending Documents For Storage. Take no further action

• 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 ‘Appeal Overturned’ from the Appeal Result field drop down list

Then

• Retain the tribunal’s decision and any correspondence in the clerical Bf for 9 months. After which, send the documents to remote storage. Follow the guidance in Preparing And Sending Documents For Storage. Take no further action

Note: Tax Credit Office Northern Ireland (TCO (NI)) must retain the tribunal’s decision and any correspondence in the clerical Bf for 13 months, after which they must be sent to remote storage for 6 years

If the appeal hearing as been adjourned and the submission writer

• Needs to write a supplementary submission, go to step 8

• Does not need to write a supplementary submission, go to step 7

• 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 Hearing Date’ from the Appeal Status field drop down list

• Take no further action

• Prepare and send a copy of the supplementary submission to all the parties involved in the appeal

Note: For TCO (NI), the original and 3 copies of the supplementary submission must be sent to tAS. If the case has a disability question, the original and 5 copies must be sent to tAS

Note: Once the supplementary submission has been received by tAS, a new appeal hearing date will be arranged and notified to all the parties involved in the appeal

• Use Function MAINTAIN HOUSEHOLD NOTES to record the date that the supplementary submission was sent

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

• 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 ‘Adjourned’ from the Appeal Status field drop down list

• Enter the date the supplementary submission was sent in the Date Sent For Listing field

Then

• Put the supplementary submission with the original appeal papers and file in the clerical Bf. Take no further action

• 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

Then

• Retain the tribunal’s decision and any correspondence in the clerical Bf for 3 months. After which, send the documents to remote storage. Follow the guidance in Preparing And Sending Documents For Storage. Take no further action

Note: TCO (NI) must retain the tribunal’s decision and any correspondence in the clerical Bf for 13 months, after which they must be sent to remote storage for 6 years

• Send the decision notice to the Compliance submission writer who will notify the Claimant Compliance Officer (CCO) for their appropriate action

Note: This applies whether the appeal is allowed, upheld, adjourned or withdrawn. Only compliance staff can set the compliance interest flag

Note: If the appeal is from a claimant living in Northern Ireland, or is received against a decision on a Complex or European Economic Area (EEA) case, send it to the Appeals Team (This text has been withheld because of exemptions in the Freedom of Information Act 2000)

'TCMZ Claimant has appointed (insert representatives name) to deal with appeal'

Note: This entry must be deleted because the representative is only appointed for the duration of the appeal