TCM0287500 - Specialist areas: international: change in employment (UK or EU) international change of circumstances

Checklist

Before you follow this guidance make sure

• you have the correct user roles. Use the B&C Roles and Access Catalogue. You can find this by going to the Benefits and Credits homepage, selecting ‘R’ on the B&C A-Z index, selecting ‘Roles and Access Process’, selecting ‘Roles and Access Catalogue’ from the related links menu
• you are in the correct MU. See TCM0322460 for the correct MU number
• you have access to the tax credit computer system (NTC)
• you have arrived at this guidance from TCM0304050 Post-award change of circumstances - lead-in.

Required information

A notification that a UK or EU national who is receiving tax credits under the EC regulations has changed employment in the UK for employment in an EU member state or ended employment in the UK and is not receiving a contributory benefit in the UK. This notification can be received from the customer, by letter or by phone call. Not all the information below may be required

• the date previous employment ended
• the date new employment started
• name and address of the new employer
• PAYE reference for the new employer
• number of hours worked in new employment
• estimated income for the current year
• details of any benefits
• an E101 / E102 / A1 certificate if the customer has one.

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Background

Some change of circumstances, for example a change in residency or employment involving movement between Member States of the European Union results in the UK becoming competent to pay family benefits (that is, CTC and Child Benefit) in full. Similar changes also mean a Member State could become the competent state instead of the UK.

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Guidance

Note: When sending customer, staff or process data to another individual or team, make sure you follow the latest data security guidelines or contact the Data Guardian or Data Security Team for advice.

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Step 1

Check that you have the required information.

If the customer has settled status and you have all the required information, go to Step 6.

If the customer has pre-settled and you have all the required information, go to Step 4.

If the customer does not have settle or pre-settled status, go to Step 2

If you have received a reply to a Home Office Information Request, go to Step 3

If you have all the required information, go to Step 2.

If you do not have the required information, contact the customer. For how to do this, use TCM0094000.

If you have issued a TC664 to obtain the required information

• BF for 30 days
• take no further action.

If a reply to the form TC664 is received, go to Step 2.

If no reply to the form TC664 is received, go to Step 30.

If you are dealing with expired BF for an E-form / SED, go to Step 29.

If you are dealing with a returned / non-returned E-Form / SED, go to Step 24.

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Step 2

Complete DCI100 home office information request to ask for the customer’s immigration status

• send to inbox ‘TCO, Home Office Enquiries (B&C)
• BF the manual file and maintain the BF run
• take no further action.

Step 3

Check the information on the returned Home Office Information request to determine if the customer has qualifying immigration status

If the customer has settled status, go to Step 6

If the customer has pre-settled status, go to Step 4

If the customer has no status, go to Step 5

Step 4

Check to see if the customer continues to have right to reside. To do this use the information you have and the Right to Reside test, using the Rules Based Service. For how to do this, use TCM1000035.

If customer continues to have right to reside, go to Step 6

If customer no longer has right to reside, go to Step 5

Step 5

If the claim is complex

• complete a SEES calculation up to the end of the complex claim date. For how to do this, use TCM1000490
• complete a manual calculations form. For how to do this use TCM1000491
• end the complex claim. For how to do this, use TCM0284080
• complete and issue manual award notice to customer. For how to do this, use TCM1000001
• update the International Group Database IGDB. For how to do this TCM1000408
• take no further action.

If the claim is not complex

• end the household claim
• update NTC with employment details. For how to do this, use TCM1000355
• consider 4 week run-on action guide, use TCM0052000
• consider Gaps in entitlement action guide, use TCM0287000
• delete any unprocessed CoC work list items. For how to do this, use TCM0140060
• action any International verification failures. For how to do this, use TCM1000001
• process S17. For how to do this, use TCM1000123
• update appropriate Household Note. For how to do this, use TCM1000001

Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send papers to storage. For how to do this, use TCM0074060
• consider CBO referral. For how to do this, use TCM0074140
• take no further action.

Step 6

Check to see if it is a complex case. For how to do this, use TCM0284140.

If the case is a complex case,go to Step 7

If the case is not a complex case, go to Step 11.

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Step 7

Check to see if there is a link to the UK through residency, employment or UK contributory benefits after the change would be applied by using the ‘B&C EEA Competency for Family Benefits’ decision tree. For how to do this, use TCM1000257.

If there is still a link , go to Step 8.

If there is no link

• complete a SEES calculation up to the end of the complex claim date. For how to do this, use TCM1000490
• complete a manual calculations form. For how to do this, use TCM1000491
• end the complex claim. For how to do this, use TCM0284080
• complete and issue manual award notice to customer. For how to do this, use TCM1000408

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send case to storage. For how to do this, use TCM0074060
• take no further action.

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Step 8

Check to see if the case will still be complex. For how to do this, use TCM0284140.

If the case is still complex, go to Step 9.

If the case is no longer complex, go to Step 14.

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Step 9

Check to see if the change of circumstances affects competency. Follow the guidance in the ‘B&C EEA Competence for Family Benefits’ decision tree. For how to do this, use TCM1000257.

If the change of circumstances affects competency, go to Step 10.

If the change of circumstances does not affect the competency, go to Step 25.

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Step 10

Note: Consider supplement up to the end of the month in which the change of circumstances occurred. Follow guidance in TCM0284140.

If the competency has switched from the EU Member State to the UK

• send E-form / SEDs to EU Member State

  Note: To determine which E-form / SEDs to select follow the guidance in TCM1000263.

• pay full rate from the beginning of the month, following the change
• pay supplement from the date of change to the day before full rate payment
• establish if the change can be made. Follow the guidance in TCM0042280
• consider a SEES calculation and complete the manual SEES calculation form. For how to do this, use TCM1000490
• complete manual award notices and issue to the customer. For how to do this, use TCM1000538
• update appropriate Household Note. For how to do this, use TCM1000001
• update the IGDB. For how to do this, use TCM1000408
• consider 4 week run-on guidance. For how to do this, use TCM0052000
• delete unprocessed CoC work list item. For how to do this, use TCM0140060
• work International verification failures. For how to do this, use TCM1000020
• process S17. For how to do this use, TCM1000123

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send case to storage. For how to do this, use TCM0074060
• consider CBO referral. For how to do this, use TCM0074140
• take no further action.

If the competency has switched from the UK to the EU Member State and we will pay a supplement

• send E-Form / SEDs to the EU Member State

  Note: To determine which E-form / SEDs to select follow the guidance in TCM1000263.

• consider sending TC697 to the customer
• BF for 3 months, unless dealing with the Polish, Romanian or Republic of Ireland authorities in which case BF for 18 weeks
• take no further action.

If the competency has switched from the UK to the EU Member State and we will not pay a supplement due to residency only status

• send E-Form / SEDs to the EU Member State

  Note: To determine which E-form / SEDs to select follow the guidance in TCM1000263.

• send TC2206 to the customer
• maintain the case as a nil award
• update household note with message IA42 from TCM0160040. For how to do this, useTCM1000001
• send file to renewals.

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Step 11

Check to see if the customer has started work abroad.

If the customer has started work abroad, go to Step 15.

If the customer has not started work abroad, go to Step 26.

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Step 12

Check to see if you have the required information from the E-Form / SEDs.

If you have the required information

• pay full rate until the end of the month

• consider supplement from the beginning of the next month

  Note: Use the daily exchange rate published on the first day of the month immediately prior to the month when the provision must be applied. When conversions are complete continue with normal supplement/reimbursement action.

• consider 4 week run-on guidance. For how to do this, use TCM0052000
• consider gaps in entitlement guidance. For how to do this, use TCM0052000.

If you do not have the required information

• issue TC1096 or TC1097 on SEES as appropriate
• end responsibility for child or do not add child. For how to do this, use TCM1000243
• go to Step 13.

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Step 13

Check to see if the customer who lives in the UK is employed.

If the customer living in the UK is employed

• manually calculate a single WTC only award. For how to do this, use TCM1000089
• take no further action.

If the customer living in the UK is not employed

• fail residency. For how to do this, use TCM0078600
• end claim
• delete any unprocessed CoC worklist items. For how to do this, use TCM0140060
• action any International verification failures. For how to do this, use TCM1000020
• process S17. For how to do this, use TCM1000123

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send papers to storage. For how to do this, use TCM0074060
• consider CBO referral. For how to do this, use TCM0074140
• take no further action.

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Step 14

Check to see if there is further entitlement.

If there is further entitlement

• update NTC with employee details. For how to do this, use TCM1000355
• complete a SEES calculation up to the end of the complex claim date. For how to do this, use TCM1000089
• complete manual calculations form. For how to do this, use TCM1000491
• end complex claim. For how to do this, use TCM0284080
• complete manual award notices and issue to the customer. For how to do this, use TCM1000538

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• update the IGDB. For how to do this, use TCM1000408
• send papers to storage. For how to do this, use TCM0074060
• take no further action.

If there is no further entitlement

• complete a SEES calculation up to the end of the complex claim date. For how to do this, use TCM1000089
• complete a manual calculations form. For how to do this, use TCM1000491
• end complex claim. For how to do this, use TCM0284080
• complete manual award notices and issue to the customer. For how to do this, use TCM1000538

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• update the IGDB. For how to do this, use TCM1000408
• send papers to storage. For how to do this, use TCM0074060
• take no further action.

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Step 15

Check to see if you have the required information from the list at the top of this page.

If you have the required information, go to Step 16.

If you do not have the required information

• issue TC664 on SEES with relevant questions to the customer. For how to do this, use TCM1000009
• BF case for 30 days
• take no further action.

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Step 16

Check to see if there is a link to the UK through residency or employment.

If there is a link to the UK through residency or employment, go to Step 17.

If there is no link to the UK through residency or employment

• end the household claim
• update NTC with employment details. For how to do this, use TCM1000355
• consider 4 week run-on action guide, use TCM0052000
• consider Gaps in entitlement action guide, use TCM0287000
• delete any unprocessed CoC work list items. For how to do this, use TCM0140060
• action any International verification failures. For how to do this, use TCM1000001
• process S17. For how to do this, use TCM1000123

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send papers to storage. For how to do this, use TCM0074060
• consider CBO referral. For how to do this, use TCM0074140
• take no further action.

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Step 17

Check to see if you need to consider the right to reside. For how to do this, use TCM0128140.

If you need to consider the right to reside, go to Step 18.

If you do not need to consider the right to reside, go to Step 19.

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Step 18

Check to see if the right to reside condition is met. For how to do this, use TCM0287260.

If the right to reside condition is met, go to Step 19.

If the right to reside condition is not met

• end the household claim
• fail residency. For how to do this, use TCM0128000
• update NTC with employment details. For how to do this, use TCM1000355
• delete any unprocessed CoC work list items. For how to do this, use TCM0140060
• action any International verification failures. For how to do this, use TCM1000020
• process S17. For how to do this, useTCM1000123

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send papers to storage. For how to do this, useTCM0074060
• consider CBO referral. For how to do this, use TCM0074140
• take no further action.

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Step 19

Check competency. Follow the guidance in the ‘B&C EEA Competence for Family Benefits’ decision tree. For how to do this, use TCM1000257.

If the UK is competent, go to Step 20.

If the EU Member State is competent

• issue E-Form / SEDs

  Note: To determine which E-form / SEDs to select, follow the guidance in TCM1000114.

• consider sending TC697 to the customer
• BF for 3 months, unless dealing with the Polish, Romanian or Republic of Irelandauthorities in which case BF for 18 weeks
• take no further action.

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Step 20

Check to see if this is a Crown Servant case. For how to do this, use TCM1000518.

If this is a Crown Servant case, follow the guidance in TCM0062360.

If this is not a Crown Servant case

• set manual suspension payment marker for all customers. For how to do this, use TCM1000335
• set complex marker. For how to do this, use TCM1000136
• go to Step 21.

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Step 21

Check whether Cross Award Recovery (CAR) was underway before the claim became complex. For how to do this, use TCM1000117

If CAR was not underway before the claim became complex, go to Step 23.

If CAR was underway before the claim became complex, go to Step 22.

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Step 22

Use Cross Award Summary screen to identify relevant years. For how to do this, use TCM1000561

• set appeal markers on relevant years to send the overpayment back to the originating year. For how to do this, use TCM1000444
• update household note with message ON19 from TCM0166040. For how to do this, use TCM1000001
• BF the claim for one day to allow the overpayment to be sent back overnight.

On expiry of this BF period

• remove any Appeal markers you have set. For how to do this, use TCM1000453
• go to Step 23.

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Step 23

• complete a SEES calculation. For how to do this, use TCM1000089
• complete manual award notices and issue to the customer. For how to do this, use TCM1000538
• update the IGDB. For how to do this, use TCM1000408
• apply the change. For how to do this, use TCM0042280
• delete unprocessed CoC work list items. For how to do this, use TCM0054080
• action International verification failures. For how to do this, use TCM1000247
• process S17. For how to do this, use TCM1000123

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send papers to storage. For how to do this, use TCM0074060
• consider CBO referral. For how to do this, use TCM0074140
• take no further action.

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Step 24

Check to see if the EU Member State has returned the E-Form / SEDs.

If the EU Member State has not replied, go to Step 12.

If the EU Member State has replied

• consider supplement from date of the EU Member State award. Follow guidance in TCM0284140
• go to Step 20.

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Step 25

Check to see if there is a designatory change.

If there is a designatory change

• process the change. For how to do this, use Business As Usual guidance (BAU). Follow the guidance in TCM0140060
• action any International verification failures. For how to do this, use TCM1000020
• process S17. For how to do this, use TCM1000123

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send papers to storage. For how to do this, use TCM0074060
• consider CBO referral. For how to do this, use TCM0074140
• take no further action.

If there is not a designatory change

• process the change. For how to do this, use TCM0042280
• consider recalculating the award. Follow guidance in TCM1000480
• delete the unprocessed CoC worklist item. For how to do this, use TCM0140060
• action any International verification failures. For how to do this, use TCM1000020
• process S17. For how to do this, useTCM1000123

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• consider 4 week run-on. For how to do this use, TCM0052000
• consider gaps in entitlement. For how to do this use, TCM0052000
• take no further action.

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Step 26

Consider if this is a Crown Servant case. For how to do this, use TCM1000518.

If this is a Crown Servant case, follow the guidance in TCM0062360.

If this is not a Crown Servant case, go to Step 27.

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Step 27

Consider the right to reside. For how to do this use the information you have and the Rules Based Service. For how to do this, use TCM1000035.

If you need to consider the right to reside, go to Step 28.

If you do not need to consider the right to reside, take no further action.

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Step 28

Check to see if the right to reside condition is met. For how to do this, use TCM1000035.

If the customer has the right to reside, return to the work list and transfer the case to another MU. For how to do this, use TCM1000304.

If the customer does not have the right to reside,

• end the household claim
• update NTC with employment details. For how to do this, use TCM1000355
• delete any unprocessed CoC work list items. For how to do this, use TCM0140060
• action any International verification failures. For how to do this, use TCM1000020
• process S17. For how to do this, useTCM1000123

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send papers to storage. For how to do this, use TCM0074060
• consider CBO referral. For how to do this, use TCM0074140
• take no further action.

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Step 29

If the EU Member State returns the E-Forms / SEDs by expiry of the BF period, go to Step 12.

If the EU Member State fails to return the duplicate E-forms / SEDs by expiry of the BF period

• email the EU Member State and end responsibility for the child or do not add the child. For how to do this, use TCM1000243
• go to Step 13.

If the EU Member State fails to return the E-Forms / SEDs by expiry of the BF period

• issue duplicate E-Forms / SEDs

  Note: To determine which E-Forms / SEDs to select follow the guidance in TCM1000114.

• BF for 3 months, unless dealing with the Polish, Romanian or Republic of Ireland authorities in which case BF for 18 weeks
• take no further action.

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Step 30

Finalise the customers claim. To do this

• end the household claim
• update NTC with employment details. For how to do this, use TCM1000355
• delete any unprocessed CoC work list items. For how to do this, use TCM0140060
• action any International verification failures. For how to do this, use TCM1000020
• process S17. For how to do this, useTCM1000123

• update appropriate Household Note. For how to do this, use TCM1000001

  Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

• send papers to storage. For how to do this, useTCM0074060
• consider CBO referral. For how to do this, use TCM0074140
• take no further action.