The TC (Claims and Notification) Regs were amended from 6.4.09 to imoprove the position in relation to backdated awards of DLA or other benefits which can qualify a person for disabled child element or disabilioty element. You are no longer required to notify the TCO twice, once when you claim DLA and again when it is awarded; instead you can niotifiy when the award is made and receive ful backdating.

In a few cases we have however the TCO seem to be completely unaware of this and are restricting backdating to three months. Obviously we are taking these cases forward individually but I wondered if this was a general experience?

Richard Atkinson

I have just such a case. (There seems to be a general lack of awareness when you make euquires via the helpline)

We (along with representatives from the LGA) worked with HMRC through the consultation group on this issue for a long time. The result was the change in regs which was most welcome.

It is concerning to hear that the the backdating is not happening in practice and I can raise this through the TCCG with HMRC.

If you would like to send me details of the cases (anonymised) I will pass them on.

Have you appealed in each of these cases?

My email is victoriatodd29@yahoo.co.uk

Thanks

Victoria
LITRG

HMRC are now aware of this issue and they have said that they will check the guidance for the helpline and make sure the new rules are clear. Also, they will cover the changes at the staff update sessions.

If anyone else has any problems feel free to email me and I will raise them at the next TCCG.

Victoria
(LITRG)