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HMRC internal manual

Tax Credits Manual

HM Revenue & Customs
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How to complete the form AT38

Note: Items on the form marked * must be completed.

On form AT38 enter

  • the name of the Tribunal
  • the customer’s NI number
  • the Tribunal Reference number
  • the Case code

Note: Enter the case code and issue code. This is four characters in length consisting of two numbers and two letters. For example, ‘53CE’

Note: Case codes relevant to WTC and CTC are:

* 53 CTC appeals
* 53 CTC/WTC both element appeals
* 54 WTC appeals
* 55 WTC penalty proceedings
* 56 CTC penalty proceedings
* 57 WTC 2004 - 2005 to close down an enquiry
* 58 CTC 2004 - 2005 to close down an enquiry


* CE - Condition of Entitlement
* CC - Condition of Entitlement - Complex
* EC - Human Rights Issue
* EX - EC Legislation
* LE - Late (Extended Back)
* OI - Overpayment Interest
* RA - Rate of Assessment
* RC - Rate of Assessment - Complex
* DQ - Disablement Question
* FX - Financially complex
* AA - Invalid

Note: It is important that the use of code ‘DQ’ and ‘FX’ is restricted specifically to cases where a medically-qualified, disability-qualified or financially-qualified panel member will be required. The selection of these codes will determine the type of hearing that these cases are allocated to.

‘AA’ must be used for any case that is:

* not suitable for immediate listing. For example, 'not duly made' or 'unsupported'
* late appeals. All other issue codes will result in the case being listed for hearing
* by a legally-qualified panel member sitting alone.
  • the appellant’s name
  • the appellant’s date of birth
  • the gender of the appellant (Male or Female - denoted by a tick in the appropriate box)
  • the name of the appointee/authorised representative if there is one
  • place a tick in the ‘No’ box, opposite the ‘UCB’ question?
  • the Tribunal Liaison Team details in ‘Appeals Officer Details’ boxes
  • place a tick in the ‘No’ box, opposite the question ‘Does the Appeals Officer request an Oral hearing, even if the appellant chooses a paper?’
  • details of the Presenting Officer (if known)

Note: The case worker is unlikely to know this at this stage as the Presenting Officer is only allocated to a case after a submission has been completed and the case sent to the Tribunal.

  • if two or more appeal submissions are completed by the case worker for the same customer, they will need to tick the ‘Yes’ box opposite the question ‘Is this appeal linked to other cases currently under appeal’ and enter the Appeals reference number in the box

Note: If there is only one, then the ‘No’ box opposite the question must be ticked.

  • place a tick in the ‘No’ box, opposite the ‘Does the Appeal Officer believe this appeal to be complex?’

Note: If the Appeal Officer does believe the case is complex they should tick the ‘Yes’ box and explain to the Judge why in the extra box.

  • place a tick in the ‘No’ box, opposite the ‘further information’ question, unless the Appeal Officer thinks differently
  • the date field is self-explanatory
  • address, phone number, fax number and email will be the same as entered in the ‘Appeals Officer Details’ boxes