OpenLegislation

Regulation 16W Making a claimF1

(1)

A claim for repayment or remission may only be made if—

(a)

the eligibility criteria are met or have been waived under regulation 16Z2; and

(b)

it relates to goods within a class described in the repayment and remission reference document.

(F21A)

 Where the goods in respect of which the claim is being made (“the claim goods”) were mixed with interchangeable goods during the relevant period such that it was impracticable to distinguish any of the claim goods from any of the interchangeable goods (together “the mixed goods”), the requirement in paragraph (1)(b) that the claim goods are within a class described in the repayment and remission reference document may be deemed to be met where—

(a)

a quantity of goods from the mixed goods, which is equal to the quantity of the claim goods, is within a class described in the repayment and remission reference document;

(b)

none of the goods in sub-paragraph (a) have been identified as goods falling within a class described in the repayment and remission reference document in a previous claim for repayment or remission which has been granted by HMRC;

(c)

the claim goods do not fall within a category of goods specified in a notice published by HMRC as excluded for the purposes of this paragraph;

(d)

an HMRC officer is satisfied that—

(i)

the interchangeable goods are goods this Chapter applies in relation to, by virtue of regulation 16V; and

(ii)

the same person has either paid some or all of the duty, or been liable to pay the duty, for all of the mixed goods; and

(e)

the claimant is not prohibited from making the claim by regulation 16WA (interchangeable goods: fit and proper person).

(2)

A claim for repayment F3... may only be made by, or on behalf of, a person who has paid some or all of the duty to which the claim relates.

(3)

A claim for remission F4... may only be made by, or on behalf ofF5...—

(F6a)

a person who is liable to pay the duty and has deferred payment under Article 110 of the UCC; or

(b)

in relation to Chapter 5 relief goods, the original claimant.

(4)

A claim must be made in the form and manner specified in a notice published by HMRC.

(5)

HMRC must publish a notice specifying the matters referred to in paragraph (4).

(F76)

HMRC may publish a notice specifying the categories of claim goods which are excluded from the application of paragraph (1A).

(7)

In this regulation “the relevant period” means the period starting at the time when the claimant incurred a liability to duty under section 30A(3) or 40A(1)(b) of the Act for the goods in respect of which the claim for repayment or remission is being made and ending at the time when the relevant goods met the case relied upon for repayment and remission described in the repayment and remission reference document.

(8)

Where the claim for repayment or remission is made by a repayment and remission agent on behalf of a principal, the reference to the claimant in paragraphs (1A)(e) and (7) is to be read as referring to the principal.

Annotations

Textual amendments

F1

Pt. 2 Ch. 6 inserted (30.6.2023) by The Customs (Northern Ireland: Repayment and Remission) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/618), regs. 1, 2(2)

F2

Reg. 16W(1A) inserted (25.5.2026) by The Customs (Northern Ireland) (EU Exit) (Amendment) Regulations 2026 (S.I. 2026/393), regs. 1, 2(14)(a) (as amended by S.I. 2026/418, regs. 1, 2)

F3

Words in reg. 16W(2) omitted (25.5.2026) by virtue of The Customs (Northern Ireland) (EU Exit) (Amendment) Regulations 2026 (S.I. 2026/393), regs. 1, 2(14)(b) (as amended by S.I. 2026/418, regs. 1, 2)

F4

Words in reg. 16W(3) omitted (25.5.2026) by virtue of The Customs (Northern Ireland) (EU Exit) (Amendment) Regulations 2026 (S.I. 2026/393), regs. 1, 2(14)(c)(i) (as amended by S.I. 2026/418, regs. 1, 2)

F5

Words in reg. 16W(3) omitted (25.5.2026) by virtue of The Customs (Northern Ireland) (EU Exit) (Amendment) Regulations 2026 (S.I. 2026/393), regs. 1, 2(14)(c)(ii) (as amended by S.I. 2026/418, regs. 1, 2)

F6

Reg. 16W(3)(a)(b) substituted (25.5.2026) by The Customs (Northern Ireland) (EU Exit) (Amendment) Regulations 2026 (S.I. 2026/393), regs. 1, 2(14)(c)(iii) (as amended by S.I. 2026/418, regs. 1, 2)

F7

Reg. 16W(6)-(8) inserted (25.5.2026) by The Customs (Northern Ireland) (EU Exit) (Amendment) Regulations 2026 (S.I. 2026/393), regs. 1, 2(14)(d) (as amended by S.I. 2026/418, regs. 1, 2)