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Claim for WTC in advance?

 

Charlotte R
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WRAMAS, Bristol City Council

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Joined: 21 June 2010

Hi,
Cl is currently working 27 hrs pw and appealing against a decision not to award PIP.  The appeal is unlikely to be heard before full service UC comes to the area in July.  If she wins the PIP appeal, she would possibly qualify for WTC and/or she could potentially work less hours.

I know that normally she would just make the claim after she wins the PIP appeal and ask for it to be backdated - but obviously she won’t be able to do this once UC comes to the area.

She would not qualify for WTC at the moment, but is there any provision for a claim in advance in case she wins the PIP appeal?  Or putting claim in now and then asking for a revision once PIP awarded?

     
Income Max
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Weymouth & Portland Citizens Advice

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I’d suggest applying and asking for TC to be awarded at nil rate pending outcome of PIP appeal.

s.14(3) TCA 2002 allows for nil rate awards. CPAG handbook suggests applying for nil rate where your income is too high but you expect a decrease. I’ve checked the regs and can’t see anything to suggest that the nil rate can’t be applied in your client’s situation. Of course, it’ll be at HMRC’s discretion.

     
Charlotte R
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WRAMAS, Bristol City Council

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Joined: 21 June 2010

Thanks for that - we’ll give it a go !