Establishing Evidence Of An Earlier Claim (Info)

There is an Action Guide for this subject, click on 'Next Page' to access it

If a claimant indicates they made a claim more than 3 months ago, but there is no record of a claim relating to this period on the computer, you will need to establish if the claimant can provide evidence of submitting the earlier claim

The purpose of this guidance is to establish whether evidence of a claim made at an earlier date exists. Where this is proven, a manual off system calculation will be made. If any errors are identified on the case which do not relate to backdating, these must be rectified before this process is followed to completion.

Tax credits claims cannot be backdated for a period of more than 3 months unless

• The claimant has made a claim for a qualifying disability benefit and has been notified that the qualifying benefit has been awarded

Or

• The claimant has claimed asylum as a refugee and they have been notified that they have been given refugee status by the Home Office

For more information, follow the guidance in Backdating Claims - General

If no evidence can be provided or the evidence is insufficient, there will be no grounds under the legislation to backdate the claim. If the claimant does not agree with this decision and believes they have been misadvised, the claim should be sent to the Customer Relations Team to consider whether an ex-statutory payment can be made

The following examples describe circumstances where a claimant indicates an earlier intent to claim

• Where the claimant already has a claim for tax credits and this is recorded correctly on the computer. The claimant then requests that their claim be backdated more than 3 months because they say they also sent in an earlier claim, which is not recorded as received on the computer
   
• Where the claimant already had a claim for tax credits recorded on computer, but this had not been backdated correctly due to computer problems. This claim has been manually calculated by the Backdating Team and has been backdated to the maximum of 3 months. The details of this are recorded in Function MAINTAIN HOUSEHOLD NOTES. Then the claimant has also requested that their claim be backdated more than 3 months because they say they also sent in an earlier claim

Or

• Where the claimant’s initial claim for tax credits has not been captured on the computer, follow the guidance in No Trace Of Claim

Where the claimant has produced evidence, you will need to examine this evidence and then determine if this can be accepted

Examples of acceptable evidence may include

• An acknowledgement letter. If the actual acknowledgement letter or a copy is sent by the claimant and the date of the letter is consistent with when the claimant says they sent in their claim for tax credits, and if this relates to a claim that is not recorded on the computer, this can be accepted as evidence of an earlier claim
   
• Letter or correspondence. If the letter indicates that the claimant had sent in a claim at an earlier date and that this letter is within 3 months of that date. This can be accepted as evidence of an earlier claim having been made
   
• Recorded delivery receipt. Correspondence relating to this must be investigated. If there is conclusive evidence that the claimant had sent in a claim at an earlier date and that this Recorded delivery receipt is within 3 months of that date this can be accepted as evidence of the intention to claim at an earlier date
   
• Contact Centres call log. CMA History can be checked to establish the dates of contact with the Contact Centre and the purpose of the call
   
• Internet. If the claimant states they made an earlier claim for tax credits using the internet, the Electronic Business Unit (EBU) can be contacted to check whether the claimant submitted this claim. A unique reference number is provided to claimants when they make a claim for tax credits through the Internet. This consists of a 12 character reference number consisting of alphanumeric characters. You must not ask the claimant for this reference number, as this is secure information. EBU are able to track whether an internet claim was actually submitted without using the reference number by using the claimants NINO, date of birth and the date the claimant states the form was submitted
   
• Where the claimant has stated that they sent in an earlier claim, and there is no record of this claim, you must establish whether they have taken reasonable steps to enquire about the claim within 3 months. The claimant may have taken steps to enquire about their claim by

• Contacting a Contact Centre

• Sending correspondence

• Visiting an Enquiry Centre

This list is not exhaustive

The decision you make must be reasonable in the circumstances of each individual claim. To come to your conclusion, you must review all of the evidence available so that your decision is reasonable and based on all the facts and evidence. Reasonableness could be described as

• 'The behaviours and understanding that would be expected of the man in the street as opposed to those of the individual concerned'

If you are in doubt as to whether the evidence is sufficient to be accepted as evidence of an earlier intent to claim, you must consult your supervisor

Backdating request made in respect of a same sex couple

In the case of a claim from a same sex couple, the claim cannot be backdated for a period before 05/12/2005, the date the Civil Partnership Act came into force.

The computer will not automatically backdate for a period before 05/12/2005 when a joint claim has been made by a same sex couple. No manual calculation in respect of backdating should be made for any period before 05/12/2005