CCM6420 - Particular Aspects: Child Care - Child Care Provider does not confirm claimant's details
If there is a discrepancy in the amount of child care charges,
this might be because of a misunderstanding in how they are
calculated. In these cases you should contact the claimant to ask
them to explain their calculation and if necessary check the
details with the childcare provider.
If the child care provider does not confirm the
claimant’s details or you cannot reconcile a calculation
discrepancy, you should write to the claimant to tell them you have
been unable to confirm their entitlement to the child care element.
You should include in your letter a request for any relevant
information. For example, if you believe the child care provider
may have changed, you should invite the claimant(s) to provide the
new details.
If the claimant(s) responds stating that there has been a
change of child care provider, you should contact the new provider
for confirmation of the claimant’s details. Tell the claimant
you will be doing this. See
CCM5500 for more information about
contacting third parties for information.
If the claimant(s) does not respond, or if you are not
satisfied with any explanation they provide, you should write to
inform them that you have concluded they are not entitled to the
child care element, and you will shortly be amending / terminating
their award, use TC634 at
CCM21130 or
CCM21140. As soon as possible after
writing to the claimant(s) you should terminate / amend the award
on NTC see Compliance cases menu in the Tax Credit Manual, you
should also follow the guidance at
CCM6440.
In many cases there will still be some entitlement to tax
credits even if the child care element is removed (as there must be
entitlement to WTC in order to get the child care element). In
these cases amendment will be appropriate. In other cases
entitlement will be created by the child care element (because the
reported income is too high for the claimant(s) to be entitled
without it). In these cases termination will be appropriate.
Note that you must
only take the child care element into account in
arriving at your conclusions. If you are continuing to examine
other aspects of the claim, you must not amend / terminate the
award on account of them
unless your examination of these aspects has
already reached the stage where you are able to do so.
If you still need to obtain information from the claimant(s)
to check other aspects of the claim, you should use the option
contained within TC634, which tells them that you will be
continuing your examination into these aspects. If the claim was
made by a couple, you should send a copy of your letter to each
member.
