Tax Credits appeal Tribunal NINO mandatory?

[oldtrout]

“ In other words, there is no longer any need for a person subject to immigration control, who has never been issued with a NI number, to supply a NI number when claiming Tax Credits.

They have no reason to decline to process the claim. If they still refuse, appeal!â€

[John]

[quote]First –Tier Tribunal wants to throw out appeal “It appears that the appeal may have no reasonable prospect of success because of the failure to provide the necessary documentation to confirm the identity of Miss Y who is Mr X Partnerâ€

[oldtrout]

[quote="John"][quote]First –Tier Tribunal wants to throw out appeal “It appears that the appeal may have no reasonable prospect of success because of the failure to provide the necessary documentation to confirm the identity of Miss Y who is Mr X Partnerâ€

[John]

So have you responded already? If so, what did you say?

[oldtrout]

So have you responded already? If so, what did you say?

I am about to going to suggest to the Courts that they should call the DWP officer in question as a witness in front of them if they do not accept receipted proof of attending interview and supplying evidence that documentation was with the Borders agency, so she can be cross examined

I am also going to point out that there was a Telephone call made to HMRC Tax credits office Preston making enquires as to claim where it was pointed out that that Miss Y was subject to immigration control and that an interview had been attended for a NINO with DWP and DWP had advised contact HMRC

DWP when contacted by HMRC as to receipted evidence from officer of attending NiNO meeting accepted "advised that they have no records at their office and it is typical of (officer) who has since retired"

"Tribunal are asked to note that HMRC made their decision to reject Mr X and Miss Y claim as invalid from the information supplied by the Department of Works and Pensions (DWP)"

It was pointed out HMRC tax credit Preston that a NINO was not required if someone was subject to immigration control, they said that was not the case but would refer that to a higher department and write back, this did not happen just a rejection of the claim ( This is all in transcript supplied by HMRC)

Is it an additional point that given the above HMRC can issue temporary NINO or so called NANO?

Should I also ask the courts if this matter is not heard for a legal Basis, which could be challengeable in a higher court?

[John]

It was pointed out HMRC tax credit Preston that a NINO was not required if someone was subject to immigration control, they said that was not the case but would refer that to a higher department and write back, this did not happen just a rejection of the claim ( This is all in transcript supplied by HMRC)

I think this is the crux of the matter. Simply HMRC have failed to understand the legislation that came into force on 06.04.09, and that is very apparent from the link you supplied in the opening post above :-

http://www.hmrc.gov.uk/manuals/tctmanual/tctm06110.htm

-: which is misleading and confusing at best, and simply wrong at worst. Whoever wrote that has ended up confusing lots of HMRC staff, I suspect.

If I were you I would limit my response by stating the fact that Reg 5(8 ) of The Tax Credits (Claims and Notifications) Regulations 2002, as inserted by SI 2009 No. 697, with effect from 6 April 2009, states that in respect of a person subject to immigration control, to whom no National Insurance number has been issued, the requirement to provide such a number does not apply.

Also state that at a hearing this point will be fully argued.

Does that help?

[oldtrout]

It was pointed out HMRC tax credit Preston that a NINO was not required if someone was subject to immigration control, they said that was not the case but would refer that to a higher department and write back, this did not happen just a rejection of the claim ( This is all in transcript supplied by HMRC)

I think this is the crux of the matter. Simply HMRC have failed to understand the legislation that came into force on 06.04.09, and that is very apparent from the link you supplied in the opening post above :-

http://www.hmrc.gov.uk/manuals/tctmanual/tctm06110.htm

-: which is misleading and confusing at best, and simply wrong at worst. Whoever wrote that has ended up confusing lots of HMRC staff, I suspect.

If I were you I would limit my response by stating the fact that Reg 5(8 ) of The Tax Credits (Claims and Notifications) Regulations 2002, as inserted by SI 2009 No. 697, with effect from 6 April 2009, states that in respect of a person subject to immigration control, to whom no National Insurance number has been issued, the requirement to provide such a number does not apply.

Also state that at a hearing this point will be fully argued.

Does that help?

Just Finished submission on a few points thanks for this to tired to check but think I quoted this point before which was ignored