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HMRC internal manual

Tax Credits Manual

From
HM Revenue & Customs
Updated
, see all updates

Specialist areas: international: miscellaneous: death of a worker in the UK

Checklist

Before you follow this guidance, make sure

  • you have access to the International Group Database (IGDB) and know how to obtain and update customer information on it
  • you have the correct user roles to follow this guidance 
  • you are in the correct MU. See TCM0322460 for the correct MU number.

Reasons not to follow this guidance

You do not need to follow this guidance if

  • you have a employment details in the UK
  • either customer is in receipt of

    • Contributions based JSA
    • Incapacity Benefit
    • Employment and Support Allowance
    • Industrial Injuries
    • Disablement Benefit
    • UK retirement pension
    • UK state pension
  • the customer lives in Norway, Iceland and Liechtenstein or Switzerland. For these countries you will need to contact your Technical Advice Line Liaison Officer (TALLO) for further advice.

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.

Background

A European Economic Area (EEA) national in another Member State can claim family benefits for a deceased worker under Article 67, 68 and 69 of European Community (EC) Regulation 883/04.

EC Regulation 883/04 came in force on 1 May 2010 and applies to nationals of the UK, Denmark, Sweden, Republic of Ireland, France, Germany, Spain, Portugal, Netherlands, Austria, Belgium, Finland, Italy, Luxembourg, Greece, Estonia, Latvia, Lithuania, Poland, The Czech Republic, Slovakia, Hungary, Slovenia, Cyprus, Malta, Bulgaria and Romania residing in other member states (OMS). Family benefits defined under these regulations are Child Benefit (ChB), Child Tax Credit (CTC) and Guardians Allowance (GA).

From 1 April 2012 Switzerland came under the scope of EC Regulations 883/04 and 987/09, while the other EEA countries, Norway, Iceland and Liechtenstein followed on 1 June 2012.

From the 1 July 2013 Croatia came under the scope of EC Regulations 883/04 and 987/09. Therefore, all new cases involving the above countries should be dealt with under the new regulations

Dealing with the above countries under EC Regulations 883/04 will mean that daily exchange rates should be used when calculating reimbursements and supplements. However, where the reimbursement / supplement period overlaps 1 April 2012 for Switzerland, or 1 June 2012 for the other EEA countries, TCM0304450 should be referred to. Where this guidance refers to 1 May 2012 the date should be substituted with 1 April 2012 for Switzerland, or 1 June 2012 for the other EEA countries. The International Pension Centre (IPC) will contact Child Benefit Processing using an SU 1806 form along any E form or Structured Electronic Document (SED) received from the Other Member State (OMS) to let us know about a person living in the OMS who may have entitlement to UK family benefits for a deceased worker. On receipt of the SU 1806 form and any E forms or SEDs, Child Benefit Processing will issue a Child Benefit (ChB) claim, tax credits claim pack and or a Guardians Allowance claim pack where appropriate.

Step 1

If you are dealing with a new claim to CTC go to .

If you are dealing with an expired action date go to .

If you have received a NINO / NONO from STU or the BF has expired on your request go to .

If you are dealing with an expired action date or clerical BF date where you are awaiting a claim going into award go to .

Step 2

Check Application Notes for the message II35 from TCM0160040. For how to do this, use TCM1000021.

If the message is shown in Application Notes, go to .

If the message is not shown in Application Notes

  • update Application Notes with the message II35 from TCM0160040. For how to do this, use TCM1000028 
  • go to .

Step 3

Check if there are any linked work list items for this claim. For how to do this, use TCM1000142.

If there are not any linked work list items, go to .

If there are any linked work list items

  • on form TC648, enter

    • the name of the work list including any change of circumstances
    • the MU number the work list is on
  • transfer the work list item to your MU. For how to do this, use TCM1000023 
  • go to .

Step 4

Update the ‘Free Format’ screen

  • enter the message ‘international case Family Benefits for a deceased worker case, do not action free format DD/MM/YY’
  • enter any change of circumstances which are not already shown. For how to do this, use TCM1000036 
  • record on the form TC648 any change of circumstances which are not already shown on form TC648
  • go to .

Step 5

Access the International Group Database (IGDB). For how to do this, use TCM1000408.

  • check whether there is trace of a claim to child benefit
  • check whether a disallowance is shown
  • check whether orphan of a deceased worker is indicated in the general notes

If there is not a general note indicating orphan of a deceased worker go to .

If there is no trace of a claim to child benefit go to .

If there is a general note indicating orphan of a deceased worker and a disallowance is not shown go to .

If there is a general note indicating orphan of a deceased worker and a disallowance shown go to .

Step 6

Contact Child Benefit Office (CBO) to establish why there is no tick in the orphan’s box or no trace of a claim on the IGDB. For how to do this, use TCM0304150.

If CBO advise that they are still awaiting enquiries from the customer, or that the customer has not replied to their enquiries 

  • Set an action date in the future to coincide with the expiry of the child benefit BF date. For how to do this, use TCM1000008 
  • transfer all the linked work list items to the appropriate BF MU. For how to do this, use TCM1000023 
  • make a note on the manual file of the action you have taken and the action date you have set and maintain the BF run
  • take no further action.

If CBO advise that they have awarded Child Benefit but have not yet updated the IDGB go to .

If CBO advise that they have disallowed the claim to Child Benefit but have not yet updated the IDGB go to .

If CBO advise that there is no trace of a claim to Child Benefit follow the guidance in TCM0304500.

If CBO advise that the Child Benefit claim has been sent to the International Group Support Team (IGST) for advice, contact your TALLO for the action you now need to take.

If CBO advise that they have not yet awarded Child Benefit

  • Set an action date in the future to coincide with the expected award date of Child Benefit. For how to do this, use TCM1000008 
  • transfer all the linked work list items to the appropriate BF MU. For how to do this, use TCM1000023 
  • make a note on the manual file of the action you have taken and the action date you have set and maintain the BF run
  • take no further action.

Step 7

Check the manual file to determine if we know if the OMS customer and, where appropriate any partner they have living with them in the OMS, has a NINO or NONO.

If we know the OMS customer, and where appropriate their partner, has a NINO or NONO, go to .

If we do not know whether the OMS customer, and where appropriate their partner, has a NINO or NONO, go to .

Step 8

Trace and match the OMS customer and, where appropriate any partner they have living with them in the OMS. For how to do this, use TCM1000404.

Note: Any possible match should be consistent with the rules for defining an acceptable match, refer to TCM0322010.

If you are able to trace and match the OMS customer and, where appropriate any partner they have living with them in the OMS go to .

If you are not able to trace and match the OMS customer and, where appropriate any partner they have living with them in the OMS

  • complete form (This content has been withheld because of exemptions in the Freedom of Information Act 2000)  requesting a NONO. For how to do this, use TCM1000261 

Note: To request a NONO for a partner living with the OMS customer, complete a separate CA8288.

Note: You must enter ‘International Case, NONO required’ in the ‘Further Information’ box.

  • email the CA8288 to your line manager for them to complete the ‘Supervisor’ checkbox

(This content has been withheld because of exemptions in the Freedom of Information Act 2000) (This content has been withheld because of exemptions in the Freedom of Information Act 2000)

  • update Application Notes with the message II77 from TCM0160040. For how to do this, use TCM1000028 
  • set an action date on each linked work list item for seven working days in the future. For how to do this, use TCM1000008 

Note: Only set an action date if an action date has not already been set whilst following this guidance.

  • update the manual file with the action you will taken including the action date you have set for the Specialist Trace Unit (STU) action to be completed
  • return the file to the manual BF run
  • take no further action.

Step 9

When the action date has expired

If STU has provided a NONO go to .

If STU has not yet replied contact your TALLO for further advice.

If STU has rejected the claim

  • update the manual file with details of the STU decision
  • take no further action.

Step 10

Check the manual file to determine if you will made a note that the customer has reported a change of circumstances.

Note: This change of circumstances could have been reported by a work list entry, a Work Area Mailbox (WAM) referral or a change the customer has reported in writing.

If the customer has not reported a change of circumstances, go to .

If the customer has reported a change of circumstances that affects their entitlement, contact your TALLO for further advice.

Step 11

Using CBOL check to see if Child Benefit are paying a supplement or a nil supplement

If Child Benefit are paying a supplement go to .

If Child Benefit are paying a nil supplement follow the locally agreed guidance ‘supplements’.

Step 12

Check what verification failures are present on the claim. For how to do this, use TCM1000020.

If there is only a Rule 12 verification failure, go to .

If there is only a Rule 2 verification failure, contact your TALLO for further advice.

If there are any other verification failures

  • follow the appropriate guidance for those verification failures
  • go to .

Step 13

Manually verify the Rule 12 Verification Failure

  • access ‘Manage Verification Failures’ screen
  • select ‘Change Verification’
  • in the ‘Reason’ field, enter the message ‘R12 manually verified, Applicant is (country) national’
  • select ‘OK’
  • select ‘OK’
  • update the manual file with the action you will taken
  • go to .

Step 14

BF the manual file to await the claim going ‘Award Issued’

  • set a BF date on the manual file of three days in the future and maintain the BF run
  • return the file to the manual BF run
  • take no further action.

Step 15

Check if the status of the claim is ‘Award Issued’. For how do to this, use TCM1000118.

Note: The tax credits computer can take up to 48 hours for the status of the claim to change to ‘Award Issued’. During this time, you must check regularly if the claim status has changed.

If the claim is ‘Award Issued’ and there are further verification failures follow the appropriate guidance for those verification failures.

If the claim is not ‘Award Issued’ contact your TALLO for further advice.

Note: Do not refer the case to your TALLO without first allowing 48 hours for the status of the claim to change to ‘Award Issued’.

If the claim is ‘Award Issued’ go to .

Step 16

Note: Do not apply the Free Format note where there is a reported change of circumstances that is also on the Free Format note or another ‘Unprocessed Changes of Circs’ work list item with a reason other than ‘COC’. Contact your TALLO for advice on what to do.

  • Apply the ‘Free Format’. For how to do this, use TCM1000233 

Note: You may need to repeat this step as there may be more than one ‘Free Format’ which has generated an ‘Unprocessed Changes of Circs’ work list item with the reason ‘COC’.

  • go to .

Step 17

Note: When you have applied the ‘Free Format’, you will be taken back to the ‘Maintain Worklist’ screen.

Check if the ‘Unprocessed Changes of Circs’ work list item with ‘COC’ in the ‘Change Details’ column has been deleted. For how to do this, use TCM1000208.

If there is no ‘Unprocessed Changes of Circs’ worklist item go to .

If the ‘Unprocessed Changes of Circs’ work list item with ‘COC’ in the ‘Change Details’ column has been deleted, go to .

If the ‘Unprocessed Changes of Circs’ work list item with ‘COC’ in the ‘Change Details’ column has not been deleted

  • delete the ‘Unprocessed Changes of Circs’ work list item with ‘COC’ in the ‘Change Details’ column. For how to do this, use TCM1000160 
  • go to .

Step 18

  • update Household Notes with the message II79 from TCM0160040 make sure you select the ‘Retained’ checkbox. For how to do this, use TCM1000001 
  • issue E Forms or SEDs to OMS advising family benefits for a deceased worker now in payment. For how to do this, use TCM0305100 
  • send the documents to storage. Following the guidance in TCM0074140 
  • take on further action.

Step 19

  • update Application Notes with the message II78 from TCM0160040. For how to do this, use TCM1000028 
  • reject the claim for CTC. For how to do this, use TCM0070080 
  • issue E Forms or SEDs to OMS advising unable to pay under family benefits for a deceased worker. For how to do this, use TCM0305100 

Note: Where CBO have disallowed AR9032 inform the OMS that the customer has not replied to Child Benefit enquiries.

Note: Where CBO have disallowed AR9098 inform the OMS that a child has claimed for itself.

  • send the case papers to storage. Follow the guidance in TCM0074140 
  • take no further action.