Backdating Claims - General (AG)


To deal with backdating claims, consider steps 1 - 15 below. The guide is presented as follows

Initial actionSteps 1 – 7
CTC onlyStep 8
WTC onlyStep 9
Both CTC and WTCSteps 10 – 11
Correct backdating actionStep 12
Backdating more than 3 monthsStep 13
Backdating referral formStep 14
Enter household notesStep 15


Go to top of pageInitial action

1Note: On receiving correspondence and an open Appeal marker is present, you must contact the Appeals Team to find out if it is a backdating issue before proceeding

Use Function VIEW APPLICATION to see if the earliest version of the claim has an IS, JSA (IB) / ESA (IR) or MIG ( PC) marker. To do this

  • Enter the claimant's NINO in the Key Entry Data screen
     
  • Select the All checkbox
     
  • Click on the [OK] button

Then

  • Go to step 2

Note: Pension Credit (PC) was formally known as Minimum Income Guarantee (MIG). The Income screen still shows a MIG field. This field should be checked or amended whenever it is appropriate to check or amend the PC marker

2If you are taken to the
  • Application Summary screen, go to step 5
     
  • Select Application Version screen, go to step 4
     
  • Select Application screen. Is there a claim with the status of 'Award Issued'
  • Yes, click on the claim with the status of ‘Award Issued’ to highlight it and then click on the [OK] button. Go to step 3
  • No, click on the claim appropriate to the backdating query to highlight it and then click on the [OK] button. Go to step 3

Note: If you are taken to the Select Application screen, this means that there is more than one claim

3If you are then taken to the
  • Application Summary screen, go to step 5
     
  • Select Application Version screen, go to step 4
4On the Select Application Version screen
  • Click on Version 1 of the tax year you are considering backdating for, to highlight it
     
  • Click on the [OK] button. You will be taken to the Application Summary screen

Then

  • Go to step 5
5On the Application Summary screen, determine if there is any Compliance activity
  • To do this, follow the guidance in Identifying Compliance Activity from step 2 onwards
     
  • If there is no Compliance activity,or Compliance do not require the claim, has a Complex Case signal displayed ?
  • Yes
  • Use Function VIEW HOUSEHOLD NOTES to check which European Economic Area ( EEA) Team (formerly known as the Complex Case Team) to transfer the case to
  • Send the backdating request to the relevant team

Then

  • Go to step 15
  • No, go to step 6
6Go to the Income screen to see if the earliest version of the claim has an IS, JSA (IB) / ESA (IR) or MIG (PC) marker
7Use Function VIEW AWARD
  • Enter the claimant’s NINO in the Key Entry Date screen
     
  • Click on the [OK] button. You will be taken to the Select Award screen
     
  • Click on the initial award version for the correct year and household you are considering backdating for, to highlight it
     
  • Click on the [OK] button. You will be taken to the Award Summary screen
     
  • Check in turn CTC and WTC in the Tax Credit Type field to confirm the type of tax credit(s) the claimant is in receipt of
  • If the claimant is in receipt of CTC only, go to step 8
  • If the claimant is in receipt of WTC only, go to step 9
  • If the claimant is in receipt of both CTC and WTC, go to step 10


Go to top of page  CTC only

8Where the claimant is in receipt of CTC only, with no IS, JSA (IB) / ESA (IR) or MIG (PC) marker present, check whether the claim has been automatically backdated to the date
  • 3 months prior to the date the claim was recorded as being received
     
  • A new child was born, where there is only one child in the family

Or

  • Responsibility for a child commenced, where there is only one child in the family, whichever is the earliest

To do this

  • In Function VIEW AWARD. on the Award Summary screen
     
  • Select ‘Navigation’ on the toolbar menu
     
  • Select View Application’ from the options available. You will be taken to the Application Summary screen in Function VIEW APPLICATION
     
  • Click on the [Continue] button until you reach the Children screen
     
  • Click on the child(ren) to highlight each in turn
     
  • Note the date of birth and the date in the Date of Responsibility field for each child
     
  • Click on the [Cancel] button until you return to the Award Summary screen in Function VIEW AWARD and check the award start date. This date is the first date in the Period covered by this notice field
  • If the claim has been backdated correctly, go to step 12
  • If the claim has not been backdated correctly, go to step 14


Go to top of page  WTC only

9Where the claimant is in receipt of WTC only, has the claimant stated that they commenced their new employment after ceasing IS, JSA (IB), ESA (IR) or PC (formerly known as MIG)
 

Note: ESA end dates cannot be before 27/10/2008

Note: This may be notified by a TCFT1, correspondence from the claimant or a referral from a Contact Centres (CC)

Note: WTC only cases will only automatically backdate if the claimant(s) commenced their new employment after ceasing IS, JSA (IB), ESA (IR) or PC and this is not more than 3 months prior to the date the claim was received. Otherwise the effective date will be the date the claim was received

To check this

  • Use Function VIEW APPLICATION
     
  • Enter the claimant’s NINO in the Key Entry Data screen
     
  • Select the All checkbox
     
  • Click on the [OK] button. You will be taken to the Select Application Version screen

Note: If you are taken to the Select Application screen, this means there is more than one claim for this claimant. For example, cases where a household breakdown has occurred and the claimant has re-applied. If you are taken to the Select Application screen, click on the claim for which backdating is being requested to highlight it and then click on the [OK] button. You will then be taken to the Select Application Version screen

  • Click on the earliest version to highlight it
     
  • Click on the [OK] button. You will be taken to the Application Summary screen

Note: If an information message appears, click on the [OK] button

  • Make a note of the date in the Date Received field
     
  • Go to the Applicant 1 Work and Applicant 2 Work screens and note the employment start date(s)
     
  • Go to the View Award screen and check the award start date to see what date the claimant has been paid from
  • If the claim has not been backdated automatically and the claimant requests backdating, go to step 14
  • If the claim has been automatically backdated correctly, go to step 12

Note: If the claimant has not ceased IS, JSA (IB), ESA (IR) or PC within the last 3 months, they can request backdating, up to a maximum of 3 months if they prove entitlement to WTC and provide relevant employment details for the earlier date


Go to top of page  Both CTC and WTC

10Where the claimant is in receipt of CTC and WTC, has the claimant stated that they commenced their new employment after ceasing IS, JSA (IB), ESA (IR) or PC
  • 3 months prior to the date the claim was recorded as being received
  • A new child was born, where there is only one child in the family
  • Responsibility for a child commenced, where there is only one child in the family

Or

  • The claimant(s) commenced their new employment after ceasing IS, JSA (IB), ESA (IR) or PC, up to a maximum of 3 months

To do this

  • Use Function VIEW APPLICATION
  • Enter the claimant’s NINO in the Key Entry Data screen
  • Select the All checkbox
  • Click on the [OK] button. You will be taken to the Select Application Version screen

Note: If you are taken to the Select Application screen, this means there is more than one claim for this claimant. For example, cases where a household breakdown has occurred and the claimant has re-applied. If you are taken to the Select Application screen, click on the claim for which backdating is being requested to highlight it and then click on the [OK] button. You will then be taken to the Select Application Version screen

  • Click on the initial version to highlight it
  • Click on the [OK] button. You will be taken to the Application Summary screen
  • Click on the [Continue] button until you reach the Children screen
  • Note the date of birth and the date in the Date of Responsibility field for each child
  • Click on the [Continue] button and go to the Applicant 1 Work and Applicant 2 Work screens
  • Note the employment start date(s)

Then

  • Go to step 11
11Use Function VIEW AWARD
  • Enter the claimant's NINO in the Key Entry Data screen
     
  • Click on the [OK] button. You will be taken to the Select Award screen
     
  • Click on the initial award version of the tax year and household you are considering backdating for, to highlight it
     
  • Click on the [OK] button. You will be taken to the Award Summary screen
     
  • Check the award start date. This date is the first date in the Period covered by this notice field
     
  • Check whether the claim has been automatically backdated correctly. The correct effective date will be either the earliest of the dates noted or the date three months prior to the date the claim was received
  • If the claim has been automatically backdated correctly, go to step 12
  • If the claim has not been automatically backdated correctly, go to step 14


Go to top of page  Correct backdating action

12If the claim has been backdated correctly
  • Telephone the claimant and explain to them that the correct action has been taken

Follow the guidance in Contacting The Claimant

  • If the claimant is happy with the explanation, go to step 15
  • If the claimant is not happy with the explanation and they want their claim backdating by more than 3 months, go to step 13
  • If the claimant is not happy with the explanation and wishes to make a complaint, follow the guidance in Handling Complaints. Take no further action
  • If you are unable to contact the claimant by telephone
  • Send the appropriate form TC845 to the claimant from those listed below and then go to step 15
     
  • TC845. A letter to explain that the claim cannot be backdated because the claim has already been backdated for the maximum period of three months
     
  • TC845A. A letter to explain that the claim cannot be backdated because there is no record of an earlier claim. The claimant must send in information that shows they did make an earlier claim
     
  • TC845B. A letter to explain we can only backdate a claim for 3 months from the date the claim was received
     
  • TC845C. A letter to explain that the claim cannot be backdated because there is no entitlement to CTC because payment is already being received as part of Income Support, Pension Credit or Job Seeker’s Allowance
     
  • TC845D. A letter to explain we are unable to backdate the claim because their award has now been finalised
     
  • TC845E. A letter to explain we are unable to backdate the claim because the qualifying conditions were not met at the earlier date


Go to top of page  Backdating more than 3 months

13Ask the claimant whether
  • They have been given refugee status by the Home Office

Note: A claimant will generally not be entitled to tax credits whilst they are an asylum seeker. However, if they are granted refugee status by the Home Office and claim tax credits within 3 months of receiving that notification, their claim may be backdated to the date they first claimed asylum in the UK. Follow the guidance in Backdating For Refugees

  • They have been awarded a qualifying disability benefit they have applied for

Note: A claim for Working Tax Credit can be backdated to the date a qualifying benefit became payable, 3 months prior to the date the qualifying benefit was claimed or the date the claimant started employment, whichever is the latest. This is as long as the tax credits claim is made within 3 months of the decision on the qualifying disability benefit. Follow the guidance in Backdating Requested Due To A Disability

Or

  • If the claimant satisfies one of the above criteria, go to step 14
  • If the claimant does not satisfy any of the above criteria, and wishes to make a complaint, follow the guidance in Handling Complaints. Take no further action


Go to top of page  Backdating referral form

14Are you working in a Backdating Team or a European Economic Area (EEA) Team that is dealing with the backdating request
  • No, then if the claim has not been backdated correctly or the claimant requests backdating
(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

Then

  • Go to step 15


Go to top of page  Enter household notes

15Use Function MAINTAIN HOUSEHOLD NOTES and select the ‘General’ category to record the action you have taken

Notes

You must follow the guidance in How To Correctly Complete Application And Household Notes when you record the note

And also

Follow the guidance in Maintain Household Notes