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  • FIRST POST
    • Missy80
    • By Missy80 23rd Jul 17, 11:02 AM
    • 1Posts
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    Missy80
    Tax credits/disabilty premium tax credit advice
    • #1
    • 23rd Jul 17, 11:02 AM
    Tax credits/disabilty premium tax credit advice 23rd Jul 17 at 11:02 AM
    Good morning

    Im in need of some advice
    Iv been claiming child tax credits since 2007
    But i was awarded dla in 2009
    High rate care, low rate mobility i was then assessed in 2011 but was awarded low rate mobility no care for indefinitely
    I then speak to the tax credits has my partner wants to set up a new claim for working tax has he starts his new job next week but they said my dla claim wasnt on the tax credits system and if i was to put it on my claim would go probably increase
    She asked me to find the date the claim started and renewed as they would try back date as far as they could i then ring back and another lady stated i didnt need to put my old dla award or new one on as it wouldnt make much difference
    I decided to go om a forum and ask these questions and one person stated they would probably back pay from 2009 to 2011 when i was high rate but stated they dont know if my low rate mobility would make my tax award increase
    Il confused as to if the woman at ctc helpline meant they would back pay for 2009 claim or the claim i have now
    I had to come here and get it confirmed has money saving expert has some very very accurate advice and answers
    Thank you for taking the time to read
Page 1
    • BorisThomson
    • By BorisThomson 23rd Jul 17, 11:18 AM
    • 538 Posts
    • 883 Thanks
    BorisThomson
    • #2
    • 23rd Jul 17, 11:18 AM
    • #2
    • 23rd Jul 17, 11:18 AM
    Have you been claiming working tax credits? The adult disability premium would not apply to CTC as that would be for a disabled child.
    • Alice Holt
    • By Alice Holt 23rd Jul 17, 11:23 AM
    • 1,552 Posts
    • 1,657 Thanks
    Alice Holt
    • #3
    • 23rd Jul 17, 11:23 AM
    • #3
    • 23rd Jul 17, 11:23 AM
    Have a look at the conditions for meeting the severe disability element of tax credits here:
    http://www.entitledto.co.uk/help/severe-disability-element

    It may be relevant for the period you were in receipt of the high rate of DLA, and your partner was working.
    As Boris said it attaches to WTC not CTC.

    I would give the TC people the info and see what happens.
    Not sure about TC backdating, and if it can be backdated to 2009-11. Generally it is 3 months I think.
    There are posters on here (DS) and (IQ) who would know more than me on that score.
    Last edited by Alice Holt; 23-07-2017 at 11:28 AM.
    • Darksparkle
    • By Darksparkle 23rd Jul 17, 12:49 PM
    • 4,660 Posts
    • 2,941 Thanks
    Darksparkle
    • #4
    • 23rd Jul 17, 12:49 PM
    • #4
    • 23rd Jul 17, 12:49 PM
    Backdating is now only one month (changed in 2012). So no you wouldn't be able to claim for 2009-2011.
    • Juanita37
    • By Juanita37 15th Sep 17, 11:27 AM
    • 14 Posts
    • 34 Thanks
    Juanita37
    • #5
    • 15th Sep 17, 11:27 AM
    • #5
    • 15th Sep 17, 11:27 AM
    Hi I'm a newbie ☺
    Don't know if I'm posting in the right place tho...received a notice stating my 12yr old son is entitled to middle rate care and lower mobility...told ctc this week and also claimed carers allowance...how long before I hear back?
    Also I have been told the benefit cap may no longer apply to me so I might get some housing benefit (atm I'm paying full rent) is this true?
    Thanks any help is appreciated
    • Darksparkle
    • By Darksparkle 15th Sep 17, 12:08 PM
    • 4,660 Posts
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    Darksparkle
    • #6
    • 15th Sep 17, 12:08 PM
    • #6
    • 15th Sep 17, 12:08 PM
    Tax credits should have told you the timescale when you notified the change.

    You're not affected by the benefit cap if you have a child on DLA.
    • Juanita37
    • By Juanita37 15th Sep 17, 12:34 PM
    • 14 Posts
    • 34 Thanks
    Juanita37
    • #7
    • 15th Sep 17, 12:34 PM
    • #7
    • 15th Sep 17, 12:34 PM
    Thanks so much for ur reply.
    The only thing ctc said on the phone to me was to not contact that number again as my claim now goes to a different department for dla and if I've not heard by the 25/11/17 to contact this other number. Surely it's just a quick change in details?
    • poppy12345
    • By poppy12345 15th Sep 17, 12:58 PM
    • 1,709 Posts
    • 1,536 Thanks
    poppy12345
    • #8
    • 15th Sep 17, 12:58 PM
    • #8
    • 15th Sep 17, 12:58 PM
    Thanks so much for ur reply.
    The only thing ctc said on the phone to me was to not contact that number again as my claim now goes to a different department for dla and if I've not heard by the 25/11/17 to contact this other number. Surely it's just a quick change in details?
    Originally posted by Juanita37
    You can check your account online here.
    https://www.gov.uk/log-in-register-hmrc-online-services

    If you're not registered it takes just a few minutes to do this.
    • Darksparkle
    • By Darksparkle 15th Sep 17, 2:06 PM
    • 4,660 Posts
    • 2,941 Thanks
    Darksparkle
    • #9
    • 15th Sep 17, 2:06 PM
    • #9
    • 15th Sep 17, 2:06 PM
    Thanks so much for ur reply.
    The only thing ctc said on the phone to me was to not contact that number again as my claim now goes to a different department for dla and if I've not heard by the 25/11/17 to contact this other number. Surely it's just a quick change in details?
    Originally posted by Juanita37
    Given the amount of claims that incorrectly/fraudulently claimed the disability element of CTC in the past, all claims must now be checked before being awarded. So no not a quick change.
    • Tomsdottir
    • By Tomsdottir 15th Sep 17, 2:31 PM
    • 12 Posts
    • 8 Thanks
    Tomsdottir
    Hallo Darksparkle


    Where are the statistics on fraudulent claims of the disability element of CTC?
    • Juanita37
    • By Juanita37 15th Sep 17, 3:00 PM
    • 14 Posts
    • 34 Thanks
    Juanita37
    Thanks for advice I'll just wait and see how it goes I guess
    • Darksparkle
    • By Darksparkle 15th Sep 17, 3:33 PM
    • 4,660 Posts
    • 2,941 Thanks
    Darksparkle
    Hallo Darksparkle


    Where are the statistics on fraudulent claims of the disability element of CTC?
    Originally posted by Tomsdottir
    I'm sure you could probably find them on the gov site or by googling. They are likely to cover all incorrect (error and fraud) disability claims though, not just CTC but WTC as well.
    • Tomsdottir
    • By Tomsdottir 15th Sep 17, 8:24 PM
    • 12 Posts
    • 8 Thanks
    Tomsdottir
    Hallo Darksparkle. That's not what I'm asking. You said "Given the amount of claims that incorrectly/fraudulently claimed the disability element of CTC in the past, all claims must now be checked before being awarded. " Presumably you've seen figures somewhere or you wouldn't be saying that - I just wondered where you were getting that information.


    I regularly look at HMRC's stats on fraud and error and am not aware of any on the disability element of CTC, which is why I'm asking you if you could clarify.


    I'm sure you'd agree that when suggestions are made about claimant fraud it's important to be factual.
    • Tomsdottir
    • By Tomsdottir 15th Sep 17, 9:02 PM
    • 12 Posts
    • 8 Thanks
    Tomsdottir
    HMRC delays and benefit entitlement
    Hallo Juanita


    The most significant problem with the disability element of WTC in recent years has been the actions of HMRC and the DWP, rather than any wrongdoing or error by parents. Between November 2011 and July 2014, the claim form for DLA for children did not have a tick box to indicate that the child’s parents were in receipt of tax credits - it disappeared. This affected 28,000 families. It seems that the DWP's procedure for telling the Tax Credit Office about a DLA award did not operate. If the family did not notify HMRC itself about the DLA award, then the disabled child element (and in some cases, the severely disabled child element) were not added to the award. Families of disabled children lost out on significant amounts of money.

    The Chancellor subsequently agreed to set aside £100 million to make up these elements from April 2016 and the families affected are currently being sent notifications that the elements have been added from the start of the 2016/17 tax year. However, the tax credits office are refusing to consider making awards of the elements from earlier years (that is, when they should have been added had the DWP error not occurred). The TCO says that it does not have the legal power to do so. Currently, the Child Poverty Action Group is bringing a test case about this.

    In terms of any delay in dealing with what is after all, a straightforward notification of a change of circumstance, HMRC's tax credit's charter says "We’ll deal with the information you give us quickly, efficiently, and keep any costs to you at a minimum. " There are no specific time limits within which they have to carry out the change to your tax credit award. Relevant factors include not only HMRCs staff levels and the number of claims they are dealing with, but also your own personal circumstances. Case law says it's not OK for them simply to say "We have to deal with claims/notifications in the order in which they receive them. So if you feel that they are taking too long, you can complain and request compensation for out of pocket expenses and any distress and inconvenience caused. I think most people have no idea of how expensive it is to look after a disabled child.


    You could also ring Contact A Family, a national charity who provide free advice and support to families of disabled children and ask for a benefit check 0808 808 3555 9.30am-5pm, Monday-Friday; free from UK landlines and UK mobiles - they aim to answer within five rings) What they don't know about the disabled element of CTC could be written on an eyelash!

    It's fine to ring HMRC and ask what's going on, or to ask your MP to intervene on your behalf. It's a good idea to keep a note of the details of all phone calls (dates, times etc) as you can later ask for a recording of the call.

    As to HB, when you claim, you can request up to 3 months backdating. So if you claimed DLA for your child 3 months ago (or up to 3 months ago) ask for it to be backdated. The same with your carer's allowance - you don't need a special reason for the backdating. The carers allowance will also increase the amount of HB/council tax reduction you qualify for, so don't forget to let the council know you are claiming this. If you still don't qualify for full council tax reduction, you can ask for discretionary housing payments to make up any shortfall,


    Hope this helps!
    • Darksparkle
    • By Darksparkle 15th Sep 17, 10:35 PM
    • 4,660 Posts
    • 2,941 Thanks
    Darksparkle
    Hallo Darksparkle. That's not what I'm asking. You said "Given the amount of claims that incorrectly/fraudulently claimed the disability element of CTC in the past, all claims must now be checked before being awarded. " Presumably you've seen figures somewhere or you wouldn't be saying that - I just wondered where you were getting that information.


    I regularly look at HMRC's stats on fraud and error and am not aware of any on the disability element of CTC, which is why I'm asking you if you could clarify.


    I'm sure you'd agree that when suggestions are made about claimant fraud it's important to be factual.
    Originally posted by Tomsdottir
    I don't need figures, I have experience. If you want figures you can obtain them from HMRC. If you've seen the error and fraud statistics published each year you will see mention of disability. But statistics aren't relevant to the OP, they asked if it was a quick change. It's not because it needs to be checked before awarded. The OP has been given the relevant timescale for the change to be processed. It could be sooner or if could be later. If later, the OP can call the number provided to progress chase.
    Last edited by Darksparkle; 15-09-2017 at 10:37 PM.
    • Juanita37
    • By Juanita37 19th Sep 17, 9:28 AM
    • 14 Posts
    • 34 Thanks
    Juanita37
    Thank u so much for all ur advice Tom I appreciate it ☺
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