Anti-test case??

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    I should really know this, but in a small and sheepish voice I’d like to ask the great and the good of the HBinfo board to explain what the anti-test case rule is and how to tell whether it should or should not apply….


    I’ve always assumed its DMA 5(5)(b) (Late revision requests) & 19(9)(b) (Late appeal requests) – A decision by the comms cannot be used as a reason for a late request.


    There’s bound to be someone who comes up with a better answer than this but I’ll give it a shot as I understand it.

    We are all required to interpret the legislation (so the Adelphi keeps reminding us) as we understand it.

    Usually we all agree on how it should be interpreted. On occasion our interpretations are challenged.

    Case goes to Commissioners or beyond and a different interpretation is reached by said court.

    Paragraph 18 of Schedule 7 of the Child Support, Pensions and Social Security Act says that when that happens we don’t have to go and trawl through all our caseload to find cases where we applied the wrong interpretation in the past. If a case was down as a look-alike then we can go back and change it in line with the lead case but otherwise we don’t.

    In a nutshell, that is the anti-test case rule.

    Sometimes a Commissioner/Judge will say the rule doesn’t apply. That is the gist of what Peter Barker was saying at the end of this thread

    Out of Date cheques


    Thanks for shedding some light on that – good answers.

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