AC v Her Majesty's Revenue and Customs (TC): [2018] UKUT 233 (AAC).

Upper Tribunal Administrative Appeals Chamber decision by Judge Poynter on 12 July 2018.

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Judicial Summary

FTT decisions on appeals against decisions made under s.16 Tax Credits Act should be phrased in terms of 鈥渁mending鈥 or 鈥渢erminating鈥 an 鈥渁ward鈥, not in terms of 鈥渆ntitlement鈥 to tax credits. Such decisions should not replicate HMRC鈥檚 computer 鈥渨orkaround鈥 under which s.16 decisions that should terminate an award from the outset or amend it by reducing it to nil are implemented by making an award of tax credits for a single day.

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Published 24 August 2018