C v Her Majesty's Revenue & Customs (TC):[2019] UKUT 69 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 20 February 2019

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 9 April 2019

• Categories: Tax credits and family credit
• Sub-categories: Tax credits and family credit - other
• Judges: Mitchell, E
• Decision date: 20 February 2019

Read the full decision in CTC/2376/2017

Judicial Summary

A decision taken by H.M.R.C. not to award a tax credit under section 14 of the Tax Credits Act 2002 cannot be followed by a final entitlement decision under section 18 of the 2002 Act. Therefore, no section 18 decision may cause an appeal to the First-tier Tribunal against such a decision to lapse. To the extent that a three-judge panel of the Upper Tribunal in LS & RS v HMRC [2018] AACR 2; [2017] UKUT 0257 (AAC)) expressed the contrary view, its comments were obiter and should not be followed.

Published 9 April 2019