NEW message re my dla claim.. and help please re tax credits

nicandnoah

Well my claim that was restricted has now been allowed whi h I am so pleased for my daughter who has the poorly child.

WHat I would like to ask you is I rang up the tax credits today and they said that they can only back date to when i went to the tribunal and awarded my claim not from the date i have been awarded the high rate care. Does anybody know what I correct. I have looked on the website and it states from the date when i said my dla would start which is jan 2010 but today a spoke to a man in the compolinace team and he said it when I went to the tribunal?

Thanks in advance

Lou76

nicandnoah wrote: »

Well my claim that was restricted has now been allowed whi h I am so pleased for my daughter who has the poorly child.

WHat I would like to ask you is I rang up the tax credits today and they said that they can only back date to when i went to the tribunal and awarded my claim not from the date i have been awarded the high rate care. Does anybody know what I correct. I have looked on the website and it states from the date when i said my dla would start which is jan 2010 but today a spoke to a man in the compolinace team and he said it when I went to the tribunal?

Thanks in advance

I'm afraid I've no idea about TC, I've only started to claim them myself for the past few months. When I was last working (7 years ago) I was earning a really good wage and, even if available then (maybe they were, I've no idea?) it wouldn't be something I would have had to concern myself with.

However, I have [sadly] had dealings with a DLA tribunal. A few years ago, mind, but still remember it vividly.

My thinking on it, and by no means anything other than my thinking, purely gut instinct, should be that any money owed should be backdated to the original claim date. Afterall, that's the date they say you need care/mobility help from.

Surely it'd be unfair to deny someone the [extra] help that they've stated you need?

Aplogies again for posting when I don't have an answer. I've just finished a nightshift (working from home, so can head straight to bed lol) and couldn't see this post lurk down the page.

Hopefully you'll get a definitive answer from the dayshift.

Icequeen99

nicandnoah wrote: »

Well my claim that was restricted has now been allowed whi h I am so pleased for my daughter who has the poorly child.

WHat I would like to ask you is I rang up the tax credits today and they said that they can only back date to when i went to the tribunal and awarded my claim not from the date i have been awarded the high rate care. Does anybody know what I correct. I have looked on the website and it states from the date when i said my dla would start which is jan 2010 but today a spoke to a man in the compolinace team and he said it when I went to the tribunal?

Thanks in advance

You are correct. The tax credit rules changed in 2009 and providing you notify HMRC within 3 months of the award it can be backdated right to the start. So you are entitled from Jan 2010 and not the date of the tribunal.

HMRC will amend the claim from whatever date they choose, but as soon as you get it you should file an appeal and state you require it to be backdated from the start date.

You might want to get some advice from someone like LITRG (https://www.litrg.org.uk) or TaxAid (https://www.taxaid.org.uk) so you can quote the relevant legal position.

IQ