In the good old day!

It used to be the case that if you claimed FC or WFTC when you should have claimed IS instead you could backdate the later IS claim right back to the date you originally claimed WTC but were obviously turned down for it.

Is there such a rule for WTC & IS now?.

In other word we have a client who has waited 5 months for an IS decision and only now feel sure they will be turned down for it due to evidence needed not available, they could easily have WTC instead though, so we would now like to backdate and claim this WTC now instead.

It's all in the Tax Credits Claims and Notifications Regs.

Genreal power to back date up to 3 months provided other conditions satisfied at date from which payemnt is sought (reg 7). Special backdating for disability element where delays in obtaining qualifying benefit (reg 8)

I presume your clt is a disabled worker working at least 16 hrs/week, as no-one else would be entitled in the alternative to both IS and WTC.

The rule you are remembering must have been in the alternative claims list of Sched 1 of the Social Security claims and payments regs, back in the halcyon days when so-called tax credits were still in the tender care of the Benefits Agency, or was it the DSS then...you lose track.

Thanks for that.

There not disabled.

They have a live in adult placement that gives them over £300 weekly from the local Social Services, if we can convince the DWP that it is only temporary she will still get IS.

Letter to the Social Services from the DWP and its looking unlikely the temporary will apply.

It looks like the decision will be not entitled to IS as they have had the adult over 4 years with no outlook for them to be moved on, although the ideal long term outcome is to leave and get a tenancy.

The IS is the better option as they have rent and council tax to pay so IS would passport them, School meals, prescriptions etc.

In all honesty I feel it will be no end of hassle to claim WTC althugh she is due it.

If it's any help I have done three (and counting) WTC claims for adult placement carers and they have all gone through no problem - all adult placement income disregarded, disability element, 50+ element where appropriate all included. They need to register as self employed whichj is easy enough using a CWF1, and they will have to do tax returns, but no undue hassle otherwise.

Richard Atkinson