Has anyone experience of successfully petitioning IR for an ex gratia backdating of CB of almost eighteen months?

My client (a lone mother) has a second child aged 18 months for whom she is not receiving CB. She tells me that she has claimed twice before, but the CB Office tell me that they have no record of any claim for this second child. On the facts disclosed to me, my client has been entitled to CB for her second child since his birth.

Any suggestions for tactics of how to secure a full ex gratia backdating would be much appreciated.

I find the concept of "ex gratia" in the same context as "HMRC" something of an oxymoron. Has she got any proof at all of the earlier claim? If there is anything about the evidence that looks persuasive, you might succeed on appeal, though I wouldn't hold out much hope.

Brigid

Any ex gratia payment would only be applicable if it was proved that the HMRC was at fault.
If you haven’t already done so, here are some questions to ask the customer to establish the timeline of events-

1. Where and when did she get the CHB claim form?
2. When was the CHB claim made?
3. Where was the CHB claim form sent?
4. Did she send the child’s birth cert with the claim?
5. Did she get an acknowledgement from HMRC?
6. Did she get the birth cert back- if so when, and does she still have the envelope it came back in?
7. Does she have any phone bills to prove any phone calls she made to HMRC about the claim?
8. Did she change address between making the claim(s)?

Repeat the questions for the second claim.

These are the type of questions HMRC would probably ask to establish any fault. However, HMRC would also ask why, if she claimed twice, did she not pursue the matter before now.

Also consider that maybe she has been very unlucky and had both claims lost in the post.

Thank you brigid c and thank you Mick for the emphasis and the detail of your replies.

I shall incorporate your suggestions in the covering letter that I shall draft with the client soon.