Does anyone know if new Pension Credit claimants who were previously in receipt of IS that included an amount for dependant children (ie a pre 2003 claim) and continue to be responsible for a dependant child are informed by Pension Credit or Income Support that they should now claim CTC for the dependant child.

My clients did not realise that they should do this and have gone without CTC for fifteen months. I would like to ask for backdating but I am concerned that HMRC will say it wasn't their responsibility as the client was ,or should have been, told to claim CTC by IS or PC. I cannot get hold of any of the relevant PC or IS letters as the client hasn't kept them so I cannot tell what they were advised or what information was there to be read.

thanks

pete.

Hello Pete

How did the case progress? I've had a similar query. I'm thinking of going down the maladministration route. Any information would be helpful!

Thanks

Amy

It is all rather hazy now, but I recall that there were some problems over this around the time of introduction of PC. I thought that the upshot was that JCP had a standard letter for IS claimants with dependent children on the IS claim, when the claimant was approaching 60, telling them they would have to claim PC for themself and partner, and CTC for the children. If JCP didn't cover this in the letter closing the IS claim, and if Tax credits won't make backpayments, I think you hould be seeking compensation for lost CTC from JCP.

I wrote to Income Support regarding what information was given to the claimant's regarding CTC at the end of the IS claim and they were clear that they did not make any specific reference to it and I should ask the Pension Service for a copy of the claimant's Pension Credit Application. I doubt if this will have any effect, the Pension Service have already said they do not look at dependant children and indeed their Pension Credit leaflet actually states that claimants do not need to tell them about any dependant children in the household. It doesn't mention CTC at all.

I think my next step is to look into the 'standard letter', if I can identify this letter I can specifically ask if it was ever sent to the claimants.
If anyone has one or knows the reference number I would be grateful