lindy-lou Report post Posted July 7, 2008 Hello all, have not been on here for a while, hope you are all doing well, India now has an official dx of Asperger's but she is doing well, want to know if anyone can give me any tax credits advice please, i won a tribunal for India's DLA which got took off her last year, we were awarded all our middle rate care component back, backdated to 2nd oct 2007, i informed Child tax credits and they are making me a payment on Thursday, however they are only backdating me 3 month of money rather than the 9 i am owed, they told me to appeal in writing if i think this is wrong (which i do). However i found this.... Disability elements Backdating is also possible by more than 3 months where entitlement to one of the disability elements is dependent upon an award of a qualifying benefit. When you apply for tax credits, HMRC ask you to attach a letter to the claim form if you have applied for one of the qualifying benefits but have not yet received a decision. Providing you then notify HMRC within 3 months of the award of that qualifying benefit, you should receive backdating to the date from which the disability benefit was awarded or from the date of claim ? whichever is the later. If you have an ongoing tax credits award, you must notify HMRC when you apply for the qualifying benefit and then again within 3 months of it being awarded in order to receive backdating of more than 3 months. Example Sandra is claiming tax credits. She applies for Disability Living Allowance for her daughter Amy in April 2007. If awarded then Sandra will be entitled to have the child disability element included in her claim. Unfortunately the Disability Living Allowance decision takes 6 months and Amy does not receive notification of her higher rate mobility award until October 2007. Providing that Sandra notified HMRC that she claimed Disability Living Allowance in April 2007, and again notified them within 3 months of the award in October 2007, Sandra will receive backdating of the Disability element to April 2007. However if Sandra failed to notify HMRC that she had applied for Disability Living Allowance for Amy in April 2007, she would only be able to claim 3 months backdating from October 2007. So therefore i am not going to get that 6 months worth of money am i?? why does no-one tell you that you have to do this stuff? i mean it isn't my fault that no-one informed me that i had to notify CTC that i had applied for DLA. If i appeal do you think il get it back? it is alot of money to lose. Thanks in advance if anyone can advise. Quote Share this post Link to post Share on other sites
Flora Report post Posted July 7, 2008 Lovely to see you back lindy Similar thing happened to me... I asked how far it would be back dated and they said unless you inform us at the same time you apply then you can only get 3 months. Flora Quote Share this post Link to post Share on other sites
lindy-lou Report post Posted July 7, 2008 Lovely to see you back lindy Similar thing happened to me... I asked how far it would be back dated and they said unless you inform us at the same time you apply then you can only get 3 months. Flora Hello Hope you are well? Im furious about it as i knew to claim my carers allowance at the same time but no-one has ever mentioned having to inform tax credits of this, when i claimed as a single parent in January i did tell them i had a claim in for DLA for India so do you think that may go in my favour? I have no idea if they documented that or not. 6 months worth of money at �67 a week is a hell of alot of money to lose Quote Share this post Link to post Share on other sites
Kazzen161 Report post Posted July 7, 2008 You have nothing to lose by asking. I asked IS if getting DLA would affect my IS, and they said no - I later found out I should have had the disabled child premium added on, so i complained and they did backdate it to my telephone call (I had made a note of the date/time I rang). If you told CTC in January, you might have a case. Quote Share this post Link to post Share on other sites
