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HMRC internal manual

Tax Credits Manual

From
HM Revenue & Customs
Updated
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Backdating: backdating (all): disability - backdating following award of qualifying disability benefit

Checklist

Before you follow this guidance make sure

  • you are familiar with the guidance in TCM0022160, TCM0022180
  • you have the correct user roles to follow this guidance.
  • you are in the correct MU. Use TCM0322460 for the correct MU number
  • you have access to the ADD Benefit Entitlement Reviewer role.

Reasons not to follow this guidance

You do not need to follow this guidance if

  • you are dealing with a change of circumstance because the customer has only recently informed us of an award of a qualifying disability benefit on an existing claim.

Background

You may get a referral following intelligent manual capture or the customer may contact you about backdating their claim more than 31 days because they have been awarded a qualifying disability benefit.

Note: For tax credit claims received before 06-04-2012 the effective date for automatically backdating is up to a maximum of 93 days.

Guidance

Note: When sending customer, staff or process data to another individual or team, make sure you follow the latest data security guidelines or contact the Data Guardian / Data Security Team for advice.

Step 1

If you are dealing with a new request for backdating, go to .

If you have sent an enquiry to the customer and the BF date has now expired

  • check Household Notes to determine if the customer has phoned the Tax Credits Helpline with the information. For how to do this, use TCM1000067
  • go to .

If you are dealing with returned correspondence, go to .

Step 2

Check the information provided on the notification.

If the customer is requesting their claim is backdated due to the award of a qualifying disability benefit, go to .

If the customer is requesting their claim is backdated for any other reason, follow the guidance in TCM0022100.

Step 3

Note: To be entitled to backdating of more than 31 days the customer’s eligibility for tax credits must have been dependent on receiving a qualifying disability benefit.

Note: For tax credit claims received before 06-04-2012 the effective date for automatically backdating is up to a maximum of 93 days.

Check whether the award is for Working Tax Credit (WTC) only. For how to do this, use TCM1000052.

If the award is for WTC only, go to .

If the award is for CTC only or both WTC and CTC, follow the guidance in TCM0022100.

Step 4

Check

  • the customer’s date of birth and the number of hours they work. For how to do this, use TCM1000053

and

  • if the customer would have been entitled to WTC without the need to qualify through disability. Follow the guidance in TCM0114120.

Note: Consider the circumstances at the effective date of the claim. For example, either customer over 25 years old and working 30 hours or more.

If the customer would not have been entitled to WTC without qualifying through a disability benefit, go to .

If the customer would have been entitled to WTC without qualifying through a disability benefit, follow the guidance in TCM0022100.

Step 5

Send form TC1033 (Word 157KB) to the customer asking them for details of the qualifying benefit and to check with them for any changes of circumstance

  • BF the case for 15 days
  • update Household Notes with message BZ02 from TCM0156040. For how to do this, use TCM1000001
  • take no further action.

Step 6

If the customer has replied to your enquiries by phoning the Tax Credits Helpline and the information is noted in Household Notes, go to .

If you have not received a reply to your enquiry after the first BF date period

  • send reminder form TC609 to the customer
  • BF the case for a further 15 days
  • update Household Notes with message BZ03 from TCM0156040. For how to do this, use TCM1000001
  • take no further action.

If you have not received a reply to your enquiry after the second BF date period or you have returned the correspondence because it was incomplete

Note: The customer must be given at least 30 days from the date the enquiry was first issued to provide the information you need.

  • update Household Notes with message BZ04 from TCM0156040. For how to do this, use TCM1000001
  • send any documents to storage. Follow the guidance in TCM0074140
  • take no further action.

Step 7

Check the information provided by the customer.

If all the required information has been provided, go to .

If all the required information has not been provided

  • return or send a new form TC1033 to the customer together with form TC664 to tell them which information is required
  • BF the case for a further 15 days
  • update Household Notes with message BZ02 from TCM0156040. For how to do this, use TCM1000001
  • take no further action.

Step 8

Check the information provided by the customer for the date they were notified of the decision to award the qualifying disability benefit.

If this date was within 31 days of the customer first requesting backdating of their claim because of the award of the benefit, go to .

If this date was more than 31 days before the customer first requested backdating of their claim because of the award of the benefit, follow the guidance in TCM0022100.

Note: For tax credit claims received before 06-04-2012 the effective date for automatically backdating is up to a maximum of 93 days.

Step 9

Check the information provided by the customer for the name of the benefit and the date it became payable

  • use the Access to DWP Data (ADD) System manual to confirm the award of the benefit and the date it became payable. For how to do this, use TCM1000014.

Note: If you have access to Common Enquiry Service (CES), this can be used as an alternative to ADD, or additionally to check any discrepancies between ADD and the information provided by the customer.

If you confirm on ADD or CES that the award of the benefit and the date it became payable is the same as that provided by the customer, follow the guidance in TCM0022040.

If you confirm on ADD that the award of the benefit is the same as that provided by the customer but the date it became payable differs by seven days or less

  • accept the date provided by the customer as being correct
  • follow the guidance in TCM0022040.

If you cannot confirm on ADD that the award of the benefit or the date it became payable is the same as that provided by the customer or the date it became payable differs by more than seven days, go to .

Step 10

Phone the DWP local office to confirm the details of the award of the qualifying disability benefit provided by the customer. For how to do this, use TCM1000097

  • record details of the information provided by the DWP local office on form TC648

If DWP confirms the customer is in receipt of a qualifying disability benefit

  • make a note of
    • the benefit
    • the start date of the award of the benefit
    • when the customer was notified of the decision

then

If DWP does not confirm the customer is in receipt of a qualifying disability benefit

  • make a note of this fact

then