Chance someone of having child tax credits backdated to babies birth 8 months later

Darksparkle

It's unlikely to work on that basis because child benefit don't share that information and the child benefit form tells you to inform tax credits.

sammyjayneex

I didn't see any note telling me to inform tax credits.

NYM

Page 8. Right hand side, If you have a change in your circumstances. Child Benefit Claim Form..

Darksparkle

Page 6 of the notes refers you to the tax credit helpline. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/557091/CH2_Notes_07_16_V1.0_online.pdf

It doesn't say they will inform them.

DigForVictory

Another route to try might be to write to your MP.

Definitely try HMRC appeals, but bear in mind your MP has more clout.

Darksparkle

Penitent wrote: »

I think the more important point is that it's a bad idea to say those things because they aren't true. You stated in your first post that you didn't apply because you thought you wouldn't get anything, not that you thought the Child Benefit people had applied for you, which means you actually were aware that you would need to apply. It's going to be hard to plead ignorance when you presumably applied for the previous 4 children.

If you are going to pursue this, you'd be better to stick to the truth (that you'd misunderstood the timeline for the introduction of the new rules), rather than try to "tweak" events.

I think this is a fair point.

Appeal if you want to, it won't do any harm. However just keep to the facts, don't try to make it up.

sammyjayneex

I applied for my first child 10 years ago (she's 10 now) and I added each child as they arrived, my 4th child is 5 so there were no rules back then but my 5th is 8 months old and whilst I was pregnant with him I heard about the new rules and thought they applied to me so didn't add him in. I will just have to tell them how it was but I don't really think they will take my excuse

missapril75

sammyjayneex wrote: »

I already had a claim on the system for my 4 children but I just didn't add my 5th thinking I wasn't allowed until I was told otherwise then I added the baby to my alread existing claim so there wasn't 'an opportunity for all to be included' as I already had a claim for 4 but because of the news of the new rule I assumed it was immediate affect so didn't put him in. But seems like the rule only applies from April 2017. Yes the person who took the call was probably just being noce

Sure, I understand that, although officially you probably had something telling you of the sort of change you had to report - such as another child. So that officially you could have still reported it even if you thought it would make no difference.

These things happen which is why official stuff tells people what to report because their own belief or information from some other source may not be accurate.

But I do think Aced is making a good point.

Darksparkle wrote: »

It's unlikely to work on that basis because child benefit don't share that information and the child benefit form tells you to inform tax credits.

I'm not so sure it won't work. Both payments are administered by the same department.

Let me give a situation that may have some relevance.

Some time ago, I remember a test case involving Attendance Allowance and Income Support. AA generally had no negative impact on I/S, in fact it would likely lead to an increase.

But there was one situation where an award of AA reduced I/S. And someone was overpaid as a result of not declaring an AA award.

All income support literature advised people of the need to report changes such as new incomes or changes in incomes.

Now certain benefits were administered at a central point and there wasn't an automatic sharing of information.

But AA and I/S were administered by the same department. When the DSS (as it was then) wrote to you awarding AA, why would you then advise the same organisation of what they had done?

That all the literature you got from your local office said you had to report it, the ruling was that the DSS already knew.

A whole load of overpayments were written off as official error.

Now, over the years, a new principle was established that any change reported to one part of the DSS/DWP was to be treated as being reported to any part of the department with an interest.

If you reported an address change when sending in a new medical certificate, say, then if you were getting I/S, then you had discharged your responsibility in reporting the change and it was up to DSS/DWP to sort it out internally.

Now unless when child benefit payments were transferred to to the tax department and/or when tax credits were invented this was specifically addressed and accounted for, it may well be that in the same way DSS/DWP is already in possession of information known/advised to one part of it, information held by the child benefit arm of HMRC is considered held by the tax credit arm of HMRC.

After all, there is data matching. If HMRC pays you money according to income and number of children and you report a new child, isn't it reasonable to think that HMRC will revise what needs revision?

What if, hypothetically you move house at the same time?

One part of HMRC records a new child and an address change but the other only notes a new address and awaits a separate report of a new child? :rotfl:

Darksparkle

Child benefit don't share information with tax credits regarding new children. Yes it would be helpful if they did but they don't.

It's the other way about, tax credits check the child benefit system when a new child is reported so that the claimant doesn't need to send the birth certificate to both departments. However tax credits can't do this check if they don't know about the child.

missapril75

Darksparkle wrote: »

Child benefit don't share information with tax credits regarding new children. Yes it would be helpful if they did but they don't.

But the same was true of the AA department at Blackpool (and only at Blackpool) and the I'S department everywhere else but Blackpool

It's the other way about, tax credits check the child benefit system when a new child is reported so that the claimant doesn't need to send the birth certificate to both departments. However tax credits can't do this check if they don't know about the child.

And the Income Support people didn't know about an AA award unless they were told.

The point I'm making is that a legal precedent was set by which AA and I/S were two parts of the same department just as Tax Credits and child benefit are two parts of the same department.

Obviously, if one can check the other as you say then it could work both ways. That it doesn't work both ways doesn't mean it shouldn't just as a judge set the same precedent for the DSS.

I think it's worth the OP arguing this point.