I disputed an o/p of tax credits in October 09 and have just received their response. My client failed her R2R for JSA in Nov 08 but we appealed & this was reinstated on 18/12/08. We requested backdating but this was unsuccessful but her R2R was reinstated from 04/11/08. She had previously claimed IS when she had to give up work due to childcare problems so claimed as a lone parent which was refused on 04/11/08 as she failed her R2R (she’s a French national, a former worker).
Tax credits in response to our dispute are saying that they cannot apply her right to reside retrospectively (the o/p is from 06/04/08-04/11/08, she failed her R2R on 04/11/08 yet are also saying that she should not have continued to be paid from 04/11/08 to 15/12/08). They also say that as more than 30 days passed between her IS stopping and her JSA beginning, her residency cannot be treated by them as being continuous.
Are they correct? It seems unfair...
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