Backdating Claims Where Benefit Interest Is Present (AG)


To deal with backdating claims where benefit interest is present, consider steps 1 - 19 below. The guide is presented as follows

Initial actionSteps 1 – 9
CTC onlySteps 10 – 11
WTC onlyStep 12
Both CTC and WTCSteps 13 – 14
Correct backdating actionStep 15
Backdating action prior to received dateStep 16
Backdating more than 3 monthsStep 17
Backdating referral formStep 18
Enter household noteStep 19


Go to top of page  Initial action

1Use Function VIEW APPLICATION to see if the earliest version of the claim has an IS, JSA (IB) / ESA (IR) or 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
4In 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
5

On the Application Summary screen, determine if there is any Compliance activity on the claim

  • 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 Complex Case Team to transfer the case to
     
  • Send the backdating request to the appropriate Management Unit ( MU). See the MU Table for the correct MU number

Then

  • Go to step 19
  • No, go to step 6
6On the Application Summary screen, click on the [Continue] button until you reach the Income screen to see if the earliest version of the claim has an IS, JSA (IB) or PC marker


Note: If the claim is for a two person household check both Income 1 and Income 2 screens for a marker

  • If there is a PC marker, go to step 7
     
  • If there is an IS or JSA (IB) / ESA (IR) marker, go back to the Application Summary screen and make a note of the date in the Date Received field
  • If the date is before 06/04/03, go to step 8
  • If the date is on or after 06/04/03, go to step 9
7Go back to the Application Summary screen to confirm whether the claim is a MIG transition case by checking
  • To see if the date in the Date Received field is 17/08/03, 18/08/03, 19/08/03, 20/08/03, 21/08/03 or 15/09/03

And

  • The Source field is blank

Or

  • Function MAINTAIN HOUSEHOLD NOTES contains the following message

‘TCMZ MIG Transferred case being worked Preston Guild FLR. Do not work’

  • If the claim meets either of the above criteria, the claim is a MIG transition case. Do not consider any backdating action, go to step 19
  • If the claim meets either of the above criteria, but the claimant still wants their claim backdating, go to step 15
  • If the claim does not meet the above criteria, the claim is not a MIG transition case. If the Date Received field shows a date that is
  • Before 06/04/03, go to step 8
  • On or after 06/04/03, go to step 9
8Where the Date Received field on the Application Summary screen shows a date before 06/04/03 and the claimant's award for tax credits begins on or after 06/04/03
  • A letter was sent to the claimant in January 2004, which explained what they needed to do next. The letter (form TC819), asked the claimant if they would like to claim the tax credit arrears they are owed from 06/04/03 and repay any IS, JSA (IB) or PC payments they may have received over the same period
  • If the claimant states they have not received the letter and would like their claim backdating to an earlier date, usually 06/04/03 or they returned their letter but their case has not been backdated, go to step 18

Otherwise

  • The letter will have explained what to do next. Take no further action
9Where the Date Received field on the Application Summary screen shows a date on or after 06/04/03
  • Use 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 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 10
  • If the claimant is in receipt of WTC only, go to step 12
  • If the claimant is in receipt of both CTC and WTC, go to step 13


Go to top of page  CTC only

10Where the claimant is in receipt of CTC only and there is an IS, JSA (IB) / ESA (IR) or PC marker present
  • In Function VIEW AWARD, go back to the Select Award screen
     
  • Click on the latest 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
     
  • If the award start date in Function VIEW AWARD is later than the date you noted in the Received Date field in Function VIEW APPLICATION, the claimant can request backdating
  • If the claimant requests backdating to the date in the Date Received field, go to step 17
  • If the claimant requests backdating prior to the date in the Date Received field and
  • The claim was made before 06/04/04, go to step 16
  • The claim was made on or after 06/04/04, go to step 11
11Are you working in the TCO Fast Track Team or European Economic Area ( EEA) Team
  • No
  • Send the case to the TCO Fast Track Team (This text has been withheld because of exemptions in the Freedom of Information Act 2000)

Then

  • Go to step 19

Note: The Fast Track Team cannot backdate the claim to a date earlier than the IS / JSA / ESA start date. The ESA start date cannot be earlier than 27/10/2008. If the claimant requests backdating to a date earlier than the IS / JSA / ESA start date, complete the Backdating / Forward Dating Referral Stencil and send to the Tax Credit Office (TCO) (This text has been withheld because of exemptions in the Freedom of Information Act 2000)


Go to top of page  WTC only

12Where the claimant is in receipt of WTC only, check whether the claim has been automatically backdated to the date the claimant commenced their new employment
 

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
     
  • Click on the [Continue] button until you reach the Applicant 1 Work and Applicant 2 Work screens and note the employment start date(s)

Then

  • Use Function VIEW AWARD
     
  • 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 Award screen
     
  • Click on the latest 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
  • If the claim has been backdated correctly, go to step 15
  • If the claim has not been backdated correctly, go to step 18


Go to top of page  Both CTC and WTC

13Where the claimant is in receipt of CTC and WTC, check whether the claim has been automatically backdated to
  • 3 months prior to the date the claim was recorded as being received
     
  • The date a new child was born, where there is only one child in the family
     
  • The date responsibility for a child commenced, where there is only one child in the family

Or

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

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 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 14
14Use 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 latest 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 in Function VIEW APPLICATION and Function VIEW AWARD or the date three months prior to the date the claim was received
  • If the claim has been automatically backdated correctly, go to step 15
  • If the claim has not been automatically backdated correctly, go to step 18


Go to top of page  Correct backdating action

15If 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 19
  • If the claimant is not happy with the explanation and they want their claim backdating by more than 3 months, go to step 17
  • 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 19
     
  • 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 action prior to received date

16Telephone the claimant and explain to them that they have no entitlement to arrears of tax credits prior to the date their claim was received

Follow the guidance in Contacting The Claimant

  • If the claimant still wants their claim backdating prior to the date their claim was received and wishes to make a complaint, follow the guidance in Handling Complaints. Take no further action
     
  • If the claimant wants their claim backdating to the date their claim was received, go to step 18
     
  • If the claimant does not want their claim to be backdated at all, go to step 19
     
  • 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 19
  • 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

17Ask 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

Or

  • They have been awarded a qualifying disability benefit

Note: A claim for Working Tax Credit can be backdated to the date a qualifying disability benefit became payable, 3 months prior to the date the qualifying benefit was claimed, or the date the claimant started employment, whichever is the most recent. 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

  • If the claimant satisfies one of the above criteria, go to step 18
  • 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

18Are you working in a Backdating Team or Compliance Appeals Team?
  • No, then if the claim has not been backdated correctly or the claimant requests backdating

Then

  • Go to step 19
  • Yes, then
  • For cases where you are amending the effective date on the computer, follow the guidance in Amend Effective Date

Or


Go to top of page  Enter household notes

19Use 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