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Top Working Tax Credit & Child Tax Credit topic #3946

Subject: "Information requirements and backdating." First topic | Last topic
Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

Information requirements and backdating.
Tue 23-Mar-10 02:39 PM

I've just seen a case where client makes a claim for TCs having been granted ILR in UK, HMRC ask for original passports, but client sends copies certified by JC+. Claim immediately refused and appealed.

Client advised to make new claim by HMRC, sends in same docs and it's awarded, by now more than 3 months after grant of ILR.

Now S14 TCA seems to give a very broad discretion as to what info's needed for the claim, and reading it it's understandable why 1st claim refused but 2nd accepted. I'm concerned that a Tribunal considering the original refusal may be loathe to disturb the discretionary element of the decision; although I'm not going to give up on that yet.

However, on application for backdating the original award I see no impediment to the backdate being granted; after all on the basis of the new decision client would've been entitled to TCs.

As the period of backdate overlaps the original award decision then that can be revised on grounds that client was actually entitled to TCs which would, in turn give backdating from the original date of claim...

Or would it? It seems to make sense to me but I'm open to discussion, hence I'm posting; we don't see many Tax Credit appeals.

  

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Top Working Tax Credit & Child Tax Credit topic #3946First topic | Last topic