Starting WTC after UC following successful PIP claim

Hi all

I have a client who has been successful with a PIP claim which pre-dates and has been backdated to before the introduction of full UC in our area.  She is in work and would otherwise not be entitled to TCs except when the disabled worker element is included, so could not reasonably have known to make a TC claim when applying for PIP. 

My question is whether TCs should accept a claim now, under the circumstances indicated, in a similar way to how a Carer’s Allowance claim can be made and backdated following a successful PIP application?

(I think I know the answer to this, but it’s always best to check!)

Thanks in advance.

John

Hi John

Before the introduction of UC, there was a rule that allowed a WTC claim to be backdated more than 31 days in this situation (CPAG handbook p1474).

But now that new WTC claims are not possible (unless 3+ children, or claimant/partner over PC age, or already on CTC) the backdating provisions don’t help. This is set out in Article 7(8) of The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 http://www.legislation.gov.uk/uksi/2015/634/pdfs/uksi_20150634_310818_en.pdf as applied to full service areas:

(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.

The only other thing worth noting is that if this claimant is already on HB, and now qualifies for the severe disability premium, under amendments to be made by Reg 3 of the draft managed migration regs, they would no longer be prevented from claiming WTC.

Mark