a client who only arrived in the UK in August receved a child tax credit award letter with an award date starting in June.

we've been told by the helpline that the system automatically backdates all claims for children to 3 months prior to application, so although she wasn't entitled to it they could do nothing to change it. apprantly they will catch up with themselves at somepoint and request their money back by way of an overpayment demand. i was told she could appeal at that point on the grounds that it is their mistake.

anyone hold out any hope of a successful appeal or shuld we make sure our client saves her money?

Insanity for sure!

1. It is not correct that all claims for children are backdated 3 months. I had one for a client with a new baby where a separate request for backdating to the date of birth had to be made. Feeble excuse - the computer sometimes backdates them and sometimes doesn't!

2. Don't believe anything they say about being able to get an overpayment written off. They are bound to argue it was not reasonable for the claimant to think she was entitled to the money and take it off ongoing entitlement. I've had several cases (though not quite like this) where exactly that argument has been used in relation to official errors. Yes - get her to keep it! Alternatively, when the demand comes she could take it through the complaints machinery & to the Adjudicator on the grounds of the lunacy of their computer system - she might just succeed but I wouldn't like to bet on it!

I've seen an award backdated to 3 months before the child was actually born. Sometimes I feel as though I've fallen down a hole and drunk from a little bottle labelled "drink me".