Introduction
Are you struggling with a Child Benefit decision that you believe is incorrect? You have the right to challenge it, and our simple guide will walk you through the process of requesting a mandatory reconsideration from HM Revenue and Customs (HMRC). With the help of Contend’s highly trained AI legal experts, you can gain the support you need to understand your rights and navigate the complexities of your situation. Contend is the easiest legal help in the UK, ready to assist you in resolving your legal issues with confidence.
If you believe that a decision made by HM Revenue and Customs (HMRC) regarding your Child Benefit is incorrect, you have the right to ask them to review it. This process is known as a “mandatory reconsideration,” and it’s completely free. You don’t need a lawyer or any legal expertise to do this.
Before You Start
Before you request a reconsideration, make sure you’re actually entitled to Child Benefit. If you’re not eligible, HMRC won’t change their decision, and it wouldn’t be worth your time to appeal.
You might have a good chance of getting a decision changed if:
- You were denied Child Benefit but can show that you qualify for it.
- HMRC believes you were overpaid but you have proof that you received the correct amount.
- HMRC is asking you to repay an overpayment that wasn’t your fault.
Time Limits for Reconsideration
You have one month from the date of the decision letter to request a mandatory reconsideration. This date is noted at the top of the letter. If you miss this one-month deadline, you can still ask for a reconsideration within 13 months of the decision, but you’ll need a valid reason for the delay, such as being in the hospital.
Gather Your Evidence
HMRC typically requires evidence to support your claim. Here are some examples of what you might need:
- Your child’s birth certificate, especially if you claimed before registering the birth.
- Bank statements or receipts to show you provide for your child’s needs, even if they don’t live with you.
- Documentation from your child’s school or doctor that confirms your address as the child’s residence.
- Travel tickets proving you weren’t out of the country for too long.
- A letter from your child’s school or college confirming they are in full-time education.
- Payslips showing you work in the UK, if you need to demonstrate your right to reside.
Reporting Changes in Circumstances
If HMRC has stopped your benefit or thinks you’ve been overpaid because they missed a change you reported, you’ll need to provide proof. If you reported the change through your Government Gateway account, take a screenshot or print it out. If you reported it via mail, send copies of your letters and proof of postage. If you called HMRC, you can request a copy of the call by making a “subject access request” through the GOV.UK website.
How to Write to HMRC
It’s a good idea to send a written request for mandatory reconsideration. In your letter, clearly explain why you disagree with their decision and provide supporting facts or examples. If HMRC’s decision letter includes specific reasons for their decision, address those directly in your response.
Make sure to include your contact information so HMRC can reach you if they have questions. If you have difficulty communicating by phone, let them know in your letter.
If you need help drafting your letter, consider trying Contend’s legal expert chat for assistance.
What to Do if You’re Close to the Deadline
If you’re nearing the one-month deadline, it’s best to call HMRC directly to request a reconsideration over the phone. Make a note of the date and time of your call, the name of the person you spoke with, and what was discussed. Follow this up with a letter summarizing the call.
Contact HMRC – Child Benefit Office:
- Phone: 0300 200 3100
- Relay UK (for those who can’t hear or speak): 18001 then 0300 200 3100
- Hours: Monday to Friday, 8 AM to 6 PM
If You Miss the One-Month Deadline
If you didn’t make your request within the one-month window, you can still ask for a reconsideration within 13 months. Make sure to explain why you missed the deadline in your letter. While HMRC can refuse late applications, you still have the option to appeal the decision at a tribunal.
What Happens Next?
After you submit your mandatory reconsideration request, HMRC may reach out for more information. You typically need to provide any additional evidence within one month. If you need more time, let them know, and they may extend the deadline.
Once HMRC has reviewed your case, they will send you a “mandatory reconsideration notice” detailing their new decision and the reasoning behind it. This process usually takes about three weeks, but if you don’t receive anything after a month, it’s a good idea to follow up with them.
Financial Support While You Wait
If you’re facing financial difficulties while waiting for your Child Benefit decision, you might be eligible for other forms of assistance. Check what support is available to help with living costs.
Appealing to a Tribunal
If HMRC decides not to change their decision, you have the right to appeal to an independent tribunal. This is an additional step you can take if you believe the decision is still unfair.
For more information on your rights and the appeals process, visit GOV.UK or try Contend’s legal expert chat for guidance.
For more info, check out some of our related articles:
