Enhanced tax credits for child receiving dla

Taggie569

Has anyone else come across this issue and are there any suggestions about what I can do about it?

My son started receiving DLA in August 2007. I was never informed that his DLA could mean that I could receive enhanced child tax credits.

In June 2009 Tax Credit Office informed me that DWP had informed them about his DLA and that I was entitled to enhanced credits. They would backdate payments to December 2008. I rang several times to query why it would not be backdated to August 2007. I was told to write in to appeal which I did.

Some seven months later I received a phone call this week to say that the Government had started what they call a customer service initiative in March 2009 whereby information held by DWP on DLA payments was cross referenced with Tax Credits to identify people who were not received the enhanced tax credits - i.e. Me.

I was also told that legally the Tax Credit Office can only backdate three months - hence the December 2008 date.

I was told I could appeal to an independant tribunal but there wasn't any real point as the Law states backdating of payments is limited to three months.

Does anyone have any suggestions? It seems totally unfair that I was not informed in August 2007 by DWP that this was possible. Why do they not connect the dots together??

lovetowinacar

Each year you have to confirm details are correct for income circumstances etc on the annual check form and it does have a tick box section to state whether you or any child receives DLA at all - did you miss this question when checking?

I understand that they will point this out to you when you appeal so you will need to say why you didn't tick this box before or why you missed it - hope this helps you prepare for appeal if you go ahead

leemack

Please be aware anyone who's about to or recently sent in a claim for dla and are receiving tax credits. Make sure you contact HMRC when you request the DLA claim form or as soon as possible to let them know you're making a dla claim. If you don't call, and your dla claim takes longer than 3 months to process, or you have to appeal - the disability elements won't be backdated any longer than three months. Not good if you win your appeal after 10 months and lose 7 months worth of disability element.

Taggie569

Thank you for your reply.

I have always just telephoned the helpline and confirmed my income and that there were no changes in my status, and that my child was in full-time education. I have never completed a form. The DLA question was never asked of me.

I understand that the responsibility is to notify them of any changes to my personal circumstances but the DLA is my son's award paid personally to him so it never occurred to me to mention it.

Taggie569

leemack wrote: »

Please be aware anyone who's about to or recently sent in a claim for dla and are receiving tax credits. Make sure you contact HMRC when you request the DLA claim form or as soon as possible to let them know you're making a dla claim. If you don't call, and your dla claim takes longer than 3 months to process, or you have to appeal - the disability elements won't be backdated any longer than three months. Not good if you win your appeal after 10 months and lose 7 months worth of disability element.

Further to the above, I was informed in the phone call this week from the Tax Credit Office that when DLA is awarded, they are automatically informed now, so that the situation I find myself in does not occur again.

However, I would still make that phone call.

leemack

they're informed that it's awarded, but they won't backdate more than three months unless you have informed hmrc at the time of making the initial dla claim.