Claiming for first baby which was born before Universal Credit came to the area.

Universal Credit was introduced to our area on Wednesday. We have a couple who are in receipt of IR ESA and HB. Their first baby was born on 16th April and they phoned to claim tax credits for the baby on 17th May and were told that because UC was now in the area from 16th May they had to claim this.

I thought maybe because the baby was born when tax credits were in place, they could apply for CTC as a backdated claim.

Any help would be appreciated.

Kellie- unfortunately they have to go down the UC FS route -

Article 7 of the Welfare Reform Act 2012 (Commencement No. 23, etc) Order 2015 (SI 2015/634) (or whichever of the Commencement orders that applies in your area- it will still be Aritcle 7 of same one). It provides:

7.—(1) Except as provided by paragraphs (2) to (6), a person may not make a claim for housing benefit, income support or a tax credit (in the latter case, whether or not as part of a Tax Credits Act couple) on any date where, if that person made a claim for universal credit on that date (in the capacity, whether as a single person or as part of a couple, in which he or she is permitted to claim universal credit under the Universal Credit Regulations 2013), the provisions of the Act listed in Schedule 2 to the No. 9 Order would come into force under article 3(1) and (2)(a) to (c) of this Order in relation to that claim for universal credit.

(2) – (7)

(8) Subject to paragraph (9), for the purposes of this article–

(a) a claim for housing benefit, income support or a tax credit is made by a person on the date on which he or she takes any action which results in a decision on a claim being required under the relevant Regulations; and

(b) it is irrelevant that the effect of any provision of the relevant Regulations is that, for the purpose of those Regulations, the claim is made or treated as made on a date that is earlier than the date on which that action is taken.

(9), (10) (exception not relevant to tax credits]

(11) For the purposes of this Article –

(g) “the relevant Regulations” means –

(i), (ii)…

(iii) in the case of a claim for tax credit, the Tax Credits (Claims and Notifications) Regulations 2002

Arguably the claimant could still get backdating of UC a month if met the strict conditions for that.

Thank you very much. That is very helpful. It is unfortunate that the client did not claim 2 days earlier.