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Top Working Tax Credit & Child Tax Credit topic #460

Subject: "Three month backdate for coc increasing entitlement" First topic | Last topic
suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

Three month backdate for coc increasing entitlement
Fri 24-Sep-04 01:51 PM

Crisis of confidence ahead!

Am I right in thinking that the limit on backdating for WTC/CTC refers only to a change of circs that increases maximum entitlement?

That is, a simple decrease in income which increases the amount of WTC/CTC due is not subject to any such restriction, and can be reflected in its entirety in the end-of-year final decision, even if it happened in May?

  

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Replies to this topic
RE: Three month backdate for coc increasing entitlement, ellie, 27th Sep 2004, #1
RE: Three month backdate for coc increasing entitlement, suewelsh, 27th Sep 2004, #2
RE: Three month backdate for coc increasing entitlement, Semitone, 28th Sep 2004, #3

ellie
                              

advocacy team, London Advice Services Alliance
Member since
23rd Jan 2004

RE: Three month backdate for coc increasing entitlement
Mon 27-Sep-04 02:39 PM

Yes - that's what I understand too. An increase or decrease in income isn't really a change in circumstances for Tax Credits. Any differential between what the award was based on and what turns out to be the actual income for the year will be sorted out in the end of year review.

Reg 20 of the Claims & Notification Regs says a change of circumstances which affects the maximum entitlement is dependent on notification within 3 months of the change. A change in income may affect the amount paid, but doesn't affect the maximum rate of entitlement and therefore doesn't need to be notified.

Section 17(3) TCA specifies relevant circumstances which must be reported in the final notice as those affecting entitlement or the amount of TC - and specifically excludes income.

Have you by any chance had a fun response from the IR refusing to pay up on an underpayment?

  

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suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

RE: Three month backdate for coc increasing entitlement
Mon 27-Sep-04 03:33 PM

No, nothing as fun as that.

I've just got clients who really don't want to speak with the IR at the moment and I want to be able to look them steadily in the eye and say it's OK to wait a bit.

Thanks for the reassurance!

  

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Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

RE: Three month backdate for coc increasing entitlement
Tue 28-Sep-04 09:33 AM

I dealt with a bereaved lady in June who had to be reassessed for Tax Credit. The previous years award and new award had omitted both the disability and enhanced disability elements, some £5-6,000. She's adamant she indicated on the form child got DLA HRC.

In addition, income figure failed to recognise her pension payments so incorrect income used.

Letter sent 28th June, complaint reminder sent two weeks ago. Result zilch.

Another for the MP's intray.

  

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Top Working Tax Credit & Child Tax Credit topic #460First topic | Last topic