TCM0307200 - Specialist areas: international: right to reside: right to reside - change of circumstances
Checklist
Before you follow this guidance make sure
- you have the correct user roles to follow this guidance. Use the B&C Roles and Access Catalogue. You can find this by going to the Benefits & Credits homepage, selecting ‘R’ on the B&C A-Z index, selecting ‘Roles and Access Process’, selecting ‘Roles & 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 set up a manual file and recorded on form TC648
- you have arrived at this guidance from TCM0304050 Post-award change of circumstances - lead-in
Background
All EU nationals require a right to reside including EU nationals who have a partner that are subject to immigration control. This excludes UK nationals and nationals from the Common Travel Area by virtue of the Immigration Act 1971 (which covers the UK, the Republic of Ireland, the Channel Islands and the Isle of Man)
The purpose of this guidance is to tell you the action to take to investigate a customer’s Right to Reside when a change of circumstances is received that can affect their Right to Reside.
Reasons not to follow this guidance
You do not need to follow this guidance if:
- you are dealing with a case that is ‘Awaiting Award’.
- the customer has EU settled status.
- the customer has no immigration status.
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 / Data Security Team for advice.
Step 1
Check Household notes to establish if there are any notes that say the customer has the right to reside. Follow the guidance in TCM1000067 and TCM0160040.
If there is a household note saying right to reside has previously been met, go to Step 2.
If there is not a household note saying right to reside has previously been met, go to Step 7.
Note: Where there is no previous right to reside household note recorded, then the right to reside test may have not ever been done.
Step 2
Check to see if the change in circumstances you’re dealing with will affect the previous right to reside decision
If the change does not affect the previous right to reside decision,return to the previous guidance you were following.
If the change does affect the previous right to reside decision, go to Step 3.
Step 3
Consider right to reside from the effective date of the change in circumstances. Check to see if you have enough information for you to conduct the right to reside test for EU nationals. Follow the guidance in TCM0307300.
If you have all the information you need to conduct the right to reside test, go to Step 6.
If you do not have all the information you need to conduct the right to reside test
- make a note on form TC648 of any information needed
- go to Step 4.
Step 4
Phone the customer to obtain the information you need. Follow the guidance in TCM0094080.
If you have obtained all the missing information from the customer, go to Step 6.
If you have not been able to obtain all the missing information from the customer, go to Step 5.
Step 5
Make a note on TC648 that you do not have enough information to conduct the right to reside test for the period you are considering
- make a note that you need to issue TC841
- return to the guidance you were previously following to action the change of circumstances. You will need to issue the TC841 when taking change of circumstance action.
Step 6
Using the information you have and the Rules Based Service - International right to reside test, check if the customer has a right to reside for the period you are considering by passing the Right to Reside Test. For how to do this, use TCM1000035.
Note: If the period of Right to Reside you are considering is after 1 January 2014, A2 nationals are treated in the same way as nationals from any other EU country.
Note: If the period of Right to Reside you are considering spans 1 January 2014 and the customer is employed in the UK then, unless exempt from employment authorisation, treat as A2 national (check WAS for employment registration) up to and including 31 December 2013.
If the customer has the right to reside from the effective date of the change of circumstances
- update Household Notes with the appropriate standardised message from TCM0160040 to record that the customer has the right to reside. For how to do this, use TCM1000001
- return to the guidance you were previously following to consider the change of circumstances.
If the customer does not have the right to reside from the effective date of the change of circumstances
- note on TC648 that the customer does not have a right to reside from the effective date of the change of circumstances
- update Household Notes with the appropriate standardised message from TCM0160040 to record that the customer does not have a right to reside. For how to do this, use TCM1000001
- issue TC1102 to the customer
Note: Where the effect date of the change of circumstances is PY or earlier, consider the guidance in TCM0042280 and return to this guidance.
- end the claim from the effective date of the change of circumstances, go to Step 17.
Step 7
Make a note of the effective date of the claim.
Note: The effective date of a post award claim will be the same as the payment start date. For how to do this, use TCM1000406.
- go to Step 8.
Step 8
Consider RTR from the effective date of the Tax Credits claim. Check to see if you have enough information for you to conduct the Right To Reside test for EU nationals. Follow the guidance in TCM0307300.
If you have all the information you need to conduct the right to reside test, go to Step 11.
If you do not have all the information you need to conduct the right to reside test
- make a note on form TC648 of any information needed
- go to Step 9.
Step 9
Phone the customer to obtain the information you need. Follow the guidance in TCM0094080.
If you obtain all the missing information from the customer, go to Step 11.
If you do not obtain all the missing information from the customer, go to Step 10.
Step 10
Make a note on TC648 that you do not have enough information to conduct the right to reside test for the period you are considering
- make a note that you need to issue TC841
- return to the guidance you were previously following to action the change of circumstances. You will need to issue the TC841 when taking change of circumstance action.
Step 11
Using the information you have and the Rules Based Service - International right to reside test, check if the customer has a right to reside for the period you are considering by passing the Right to Reside Test. For how to do this, use TCM1000035.
Note: If the period of Right to Reside you are considering is after 1 January 2014, A2 nationals are treated in the same way as nationals from any other EU country.
Note: If the period of Right to Reside you are considering spans 1 January 2014 and the customer is employed in the UK then, unless exempt from employment authorisation, treat as A2 national (check WAS for employment registration) up to and including 31 December 2013.
If the customer has had a continuous right to reside from the effective date of claim
- issue TC843
- update Household Notes with the appropriate standardised message from TCM0160040 to record that the customer has the right to reside. For how to do this, use TCM1000001.
- return to the guidance you were previously following to consider the change of circumstances.
If the customer has not had a continuous right to reside from the effective date of claim
- Make a note of all the periods that the customer has had and hasn’t had a RTR from the effective date of claim
- go to Step 12.
Step 12
Using the information on the TC648 of the periods the customer has and has not had a RTR from the effective date of claim.
If RTR has never previously been considered on the claim and you have determined the customer has never had a RTR, go to Step 13.
- If RTR has never previously been considered on the claim and you have determined the customer had a RTR but the CofC has lead to them losing the RTR, go to Step 14.
- If RTR has never previously been considered on the claim and you have determined the customer had a RTR for closed periods but does not now have the RTR, go to Step 15.
- If RTR has never previously been considered on the claim and you have determined the customer had a RTR for closed periods and now does have the RTR, go to Step 16.
Step 13
- make a note on TC648 that the customer has never had a right to reside
- issue TC1102 to the customer
Note: Where the effect date of the change of circumstances is PY or earlier consider the guidance in TCM0042280 and return to this guidance.
- end the claim from the earliest possible date, go to Step 17.
Note:Establish if a change can be made guidance must be used for previous year change of circumstances.
Step 14
- note the TC648 that the change in circumstances has led to the customer losing the right to reside
- issue TC1102 to the customer
Note: Where the effect date of the change of circumstances is PY or earlier consider the guidance in TCM0042280 and return to this guidance.
- end the claim from the effective date of the change of circumstances, go to Step 17.
Note:Establish if a change can be made guidance must be used for previous year change of circumstances.
Step 15
- make a note on TC648 of the periods that the customer had and did not have the right to reside
- issue TC1102 to the customer
Note: Where the effect date of the change of circumstances is PY or earlier consider the guidance in TCM0042280 and return to this guidance.
- end the claim from the earliest possible date that the customer did not have the right to reside, go to Step 17.
Note:Establish if a change can be made guidance must be used for previous year change of circumstances.
Step 16
- make a note on TC648 of the periods that the customer had and did not have the right to reside
- issue TC843 to the customer
- go to Step 17.
Step 17
Use Function AMEND APPLICATION, selecting the Change of Circumstance option
- go to the Applicant Details screen
- select ‘Household’ on the toolbar menu
- select ‘Details’ from the options available
- enter the household end date you have noted on the TC648 to end the claim in the Household End Date field
- select ‘Failed Residency’ from the Household End Reason drop down menu
- select [OK]. You will be taken to the Amend Finish screen
- go to Step 18.
Step 18
On the Amend Finish screen
- enter the date the notification of the change was received
- enter the source of the change
- enter the reason for the change
- select [OK]. The computer will now automatically accept the change and will apply the change at the effective date
- if the message ‘The year(s) you are changing has been finalised EOY do you wish to proceed?’ displays, select [Yes]
Note: The changes you have made in this function will not be applied until you complete the Amend Finish screen and select [OK].
- go to Step 19.
Step 19
Check to see if the customer has incurred an overpayment
If the customer does not have an overpayment, return to the previous guidance you were following
If the customer does have an overpayment
- consider the guidance in TCM0304250
- consider if a referral to CBO is required to inform them about the change in the customers right to reside
- update Household Notes with the action taken. Follow guidance in TCM1000001
- return to the previous guidance you were following.