Backdated disabled child element

edited 30 November -1 at 1:00AM in Disability Money Matters
3 replies 1.2K views
CrazyclaireCrazyclaire Forumite
3 Posts
edited 30 November -1 at 1:00AM in Disability Money Matters
The tribunal upheld our case and we have just been awarded low rate DLA for our child. It was a a re-claim which ended in June 2018 and we were refused in May 2018. Can we apply for for backdated disabled element of CTC?
Also the hearing was in September but HMRC lost or didn't receive the tribunal letter that gave the outcome, after calling them in October and sending them a copy of the tribunal letter we have only just got the backdated DLA. Will this affect the backdating of Disabled element CTC?

Should we be able to claim the missing Disabled child element of our CTC from June as it should've been awarded in the first place?
Thank you.

Replies

  • poppy12345poppy12345 Forumite
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    The tribunal upheld our case and we have just been awarded low rate DLA for our child. It was a a re-claim which ended in June 2018 and we were refused in May 2018. Can we apply for for backdated disabled element of CTC?
    Also the hearing was in September but HMRC lost or didn't receive the tribunal letter that gave the outcome, after calling them in October and sending them a copy of the tribunal letter we have only just got the backdated DLA. Will this affect the backdating of Disabled element CTC?

    Should we be able to claim the missing Disabled child element of our CTC from June as it should've been awarded in the first place?
    Thank you.
    Usually you need to claim it within 1 month of the date of the decision. All you can do is ring HMRC and tell them about the award and the reason for the delay.
  • Alice_HoltAlice_Holt Forumite
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    Yes, it should be backdated. provided you notified HMRC within one month of the tribunal decision.
    TC(C&N) Regs, regs 26A.

    Re your post - HMRC wouldn't receive the decision notice. They are not party to the tribunal outcome - did you mean the DWP?

    If you haven't informed HMRC Tax Credits of a change in circumstances about your son, you could struggle to get the backdate. You can't assume DWP will talk to HMRC.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • They have confirmed CTC will be backdated.
    Around 9 years ago when we asked for CTC disability element to be backdated (after tribunal and within the month) they refused, we lost months of child tax credit, I was expecting to have problems again.
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