Re-instating Working Tax Credit award

Looking to pick some brains if I can please….

Client was in receipt of DLA. He works and was in receipt of Working tax Credit with the Disabled Worker Element. Was migrated to PIP and claim failed. Subsequently WTC ended as he did not qualify without the Disabled Worker Element.

We have just won his PIP appeal, but HMRC are saying that they cannot re-instate his WTC and it would need to be a claim for UC. There will be no UC entitlement as he has savings of more than £16k.

Is there any way of having the WTC award re-instated? technically there should have been entitlement as the PIP will be backdated, or is it all too late now?

All thoughts appreciated.

thanks.

When did his WTC end?

Check CPAG Welfare Benefits book 19/20 page 1477 and Reg 26 of Tax Credits (Claims and Notifications) Regulations 2002 - a disabled worker element can be backdated for more than 1 month so long TCO is notified within 1 month of award being made; this can include a decision on appeal even if the original decision fell in the previous tax year.

If TCO are not accepting this right to revision, it may be worth trying putting the request in writing quoting the legislation and enclosing the relevant evidence.

Only thing to watch out for is if the WTC ended in the 17-18 tax year - because then presumably no claim would have been made for 18-19.

Charles - 25 June 2019 05:07 PM

Only thing to watch out for is if the WTC ended in the 17-18 tax year - because then presumably no claim would have been made for 18-19.

Thank you all. WTC ended around September 2018 so within the last 12 months.

Think ill send a copy of the new PIP award letter to HMRC and ask them to review the claim and see where we get.

thanks again.

So : The award actually ends completely in July 2019. The disability element is the only passport to WTC but appeal wont be heard until 2020.

The element can be backdated and added to an EXISTING award, even from a previous tax year, but what happens if the award actually ends and simply ceases to exist??

How do we get it back? How do you re-open a closed claim in a full UC service area??

If my clients TC claim was running under a reduced amount then fair enough, but they are going to close her claim completely from end July 2019

TIA