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Migrated from IS to CTC?

 

Rosie W
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Northumbria Healthcare Welfare Rights Service

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Clients were in receipt of IS including a disabled child premium. Were then in receipt of CTC with no disabled child element. Both parents have a learning difficulty or disability and do not remember making a claim for TC, which they could not have done without help in any case. TC are now saying IS told them to “put them on CTC” and there is no claim form and IS didn’t tell them about the daughter’s DLA so “it’s their fault”. IS say they didn’t and client must have made a claim. The disabled child element was eventually added to the CTC together with a severely disabled child element after the DLA was reviewed and higher rate care awarded, but neither were backdated. The young person is now on PIP with the EDL component.

The clients have missed out on about 7 months worth of the disabled child element and 5 of the severely disabled child element.

I’ve gone through current and previous regs including transitional provisions but so far I haven’t been able to find any that cover the actual legal mechanism for transferring a claimant from IS child amounts to CTC. Neither TC or IS are willing to do anything other than blame each other and fail to respond in writing to anything (astounding, I know) Any help gladly welcomed. I will take it to the MP if all else fails.

     
HB Anorak
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benefits consultant/trainer, hbanorak.co.uk, east london

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How about citing the Tax Credit (Official Error) Regs 2003: reg 2 defines an official error as a mistake made by either the Revenue or DWP, so it doesn’t matter which of them is to blame, the decision may be revised in the claimant’s favour at any time.

     
Rosie W
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Northumbria Healthcare Welfare Rights Service

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I will do that - thanks

     
Jon (CHDCA)
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Welfare Benefits, Craven CAB, N Yorks

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Previous thread may help:
http://www.rightsnet.org.uk/forums/viewthread/8169/

(I seem to recall reading .. somewhere? .. that enforced transfer from IS child elements to CTC was no longer happening now, and they would just wait for UC to catch everyone up; but I can’t find a source for that now.)

     
Rosie W
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Northumbria Healthcare Welfare Rights Service

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Thanks Jon - it is a bit of a mystery how they ended up with CTC. I’ll go down the official error route and see what happens..