Tax credit appeals and tribunals policy and statistics

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Dear HM Revenue and Customs,

1. HMRC are currently quoting 3 to 9 months for appeals against tax credit decisions to come to tribunal though some can take up to 3 years due to the high number of appeals.
How many appeals against TC decisions were there in each of the last 5 years?
What are the mean and median times from lodging an appeal to the final outcome for appeals lodged in the last 5 years?

2. I have been told by an adviser that the tribunal decides whether they have enough information on paper to make a decision (a paper tribunal) or whether to invite the claimant to appear in person (an oral tribunal). I have also been told that the claimant will not necessarily be informed when a tribunal is going ahead if it is happening without them.They will only be informed of the tribunal decision.
Has there been a change in the right to appear in person before a tribunal?
How can a claimant appeal against the decision not to allow them to appear to put their case?

3. It is stated on various websites that oral hearings have a greater chance of finding in the claimant’s favour. If this is so, removing the right to an oral hearing biasses the tribunal system against the claimant.
Can you tell me how many tax credit tribunals were held in the each of the last 5 years?
Of those, how many were paper hearings and how many were oral hearings in each year?
What is the percentage claimant success in the oral and paper tribunals in the each of the last 5 years?

4. It is not possible to appeal against paying back an overpayment claimed by HMRC, though a dispute is possible. Disputing an overpayment carries the right to demand that repayments of a disputed overpayment are not taken from other benefits until the appeal process is finished. However, due to the increasingly lengthy appeal process, repayments are now being taken from other benefits during the appeal period.
Does this represent a change in policy?

5. I have been told by advisers that the tribunal process is “expensive”.
Can you tell me how much a paper tribunal costs?
Can you tell me how much an oral tribunal costs?

Yours faithfully,

J. Mwanzia

HM Revenue and Customs

FOI 2676/13

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Dear HM Revenue and Customs,

By law you should have responded to my request for information by 1st November.
My request can be found at https://www.whatdotheyknow.com/request/t...
The information is required urgently.
Yours faithfully,

J. Mwanzia

HM Revenue and Customs

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FOI 2676/13 

Please find the response to your Freedom of Information request attached.

 

HMRC

Freedom of Information Team.

<<FOI 2676 13 Mwanzia.pdf>>

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