Client was refused SSMG. She didn't bring in decision and from what she tells me I can only assume it's because of the low rate of TCs currently being paid.

She had baby 3 months ago and is on SMP. Partner has no work now but TCO has calculated entitlement on last years joint income.

Client has phoned TCO to let them know of income coc but TCs have not yet been changed (I'm onto this).

So although SSMG decision was seemingly correct it was based on TCs which are incorrect. Plus the client is now a week out of time for appealing.

Am I right in thinking she will have good enough grounds to appeal (possibly with some waffly reasons for lateness) once her TCs are increased and therefore paid at a qualifying rate?

I can't seem to see the wood for the trees so all suggestions will be much appreciated.

Thanks
Sue

Hi Sue,

I would pop in a late appeal now on the basis that once tax credits are re-assessed they will qualify. At least then you're only arguing a few days lateness rather than waiting til tax credits are re-assessed and being a few weeks late.

Mairi

Are you expecting any backdating of tax credits (may not be possible) on which you could hang a late appeal? Otherwise, waffly reasons for being late are no help: if you're out of time you're out of time, and no possbility of any discretion however good the reason.

Thanks to you both. I'm taking further instructions today and will see how it goes

Hi Sue - I wouldn't suggest that appealing is of any use here, as the original decision is correct. If she gets the tax credit award revised based on current year income and it is then high enough (ie more than family element for the period when she originally applied for the grant), she should reclaim the grant, within 3 months of being awarded the qualifying benefit (ie more than FE of tax credits).

See CPAG welfare benefits handbook section on SSMG where this is explained. It's a real hassle for clients in this (very common) situation.

The client's since been back with the decision which she'd initially implied would be out of date but wasn't. However as has been said there are no grounds for appeal as the SSMG decision was correct based on the amount of TCs being paid albeit incorrectly.

I know there are situations when reclaims can be made within 3 months of being awarded a qualifying benefit BUT as a SSMG has to be claimed within 3 months of the birth any reclaim based on correct TCs would have to have been by early November. As TCs are still not right this isn't a goer.

I can't find a way round it apart from ask TCO for ex gratia payment as they were told of coc but have done nothing about it.

As always, all suggestions or advice gratefully received

Hi again Sue,

I usually appeal these on the basis that the tax credit award is wrong and that they will have entitlement once this is re-processed on the basis of the current income.

So long as the client immediately asks HMRC to revise the award when they receive it on the basis of their reduced income I wouldn't expect a problem as this should usually cover some of the period within 3 months of the birth.

Maybe I've just been lucky but I've never been to tribunal on this as the decision has always been changed - even when we had to do a late appeal because the client didn't contact us within a month of the decision.

Good luck.

Mairi

We've bunged in an appeal anyway 'just in case'.

I'd usually be considering whether there's sufficient benefit to proceeed but in this case I couldn't just decide that there was no hope especially as this couple and three month old baby are living on basic SMP, CB and £14 ctc.

The dad served in Iraq in the TA last year but currently signing on. I'll tell them to try SSAFA for some financial help as well.