My client notified in August last year that child care costs were payable.
Nothing happened. She assumed she wasn’t entitled because she was working full time.
I identified the error and contacted the intermediaries helpline. The response was most unhelpful and quite judgemental “it’s [the client’s fault] for not chasing it up” - without any inkling of why it wasn’t chased up or any recognition of the TCO’s failed responsibility in dealing with the change they acknowledge was reported.
They reckon that we have to write in, but it won’t be awarded from the change.
I’m not relishing the prospect of having to deal with this, especially as we’re in the renewal period and client hasn’t received the annual declaration pack yet.
The relevant C&N regs (19, 22 and 27) and s.15 TCA do not suggest any forfeit of entitlement for not pursuing a reported change and therefore the change must be actioned.
Any ideas on how best to deal with this will be most gratefully received. I’m thinking that we should write now for a revision of the PY (2011-12) interim decision followed by an appeal of the final decision, when it’s issued, if it does not include the correct childcare costs.
What do you think?