Family Changes (Info)

The award on the original claim will be finalised and you must invite the claimant to make a fresh claim in the following cases

• The claimant was a single claimant when the original claim was made, but the claimant gets married or starts living with someone as if they are married

• The claimant was a single claimant when the original claim was made, but on or after 5th December 2005 the claimant forms a civil partnership with a same sex partner or reports that they are living with a same sex partner as if in a civil partnership

Note: The Civil Partnership Act comes into force on 5th December 2005. Two claimants of the same sex cannot be treated as a couple for tax credit purposes before that date

• One claimant in a two person claim dies

Or

• The original claim was made by a couple, but the couple have now separated and no longer live together

Follow the guidance in Invite Fresh Claim.

The following cases are not to be treated as a relevant change of circumstances in the family

• Two people of the same sex cannot be treated as a couple for tax credit purposes before 5th December 2005. This applies even if one of them is a transsexual

• If you are notified by a single claimant that they are living with a same sex partner before 5th December 2005, tell the claimant that their partner must apply for tax credits in their own right, but they must make a joint claim from 5th December 2005. This is because we cannot accept joint claims from same sex couples until 5th December 2005

• If you are notified of a correction, which makes two claimants in the same family the same sex, you must contact the claimant and find out more details if the tax credit award commenced before 5th December 2005. Where the claimant advises you that they have always been 2 women / men and you have been given incorrect details, you must use Function AMEND APPLICATION (Correction option) and enter a Household End Date as the date of the claim. Invite the claimants to make a fresh claims for the period up to 4th December 2005 and tell them that they must make a further joint claim from 5th December 2005

Notes:

1. If the tax credit award commences on or after 5th December 2005, do not treat a gender correction as a family change, as there will be no change to entitlement

2. If you are notified of a gender change because the claimant has been issued with a Gender Recognition certificate, follow the guidance in Notification Received Recognising A Claimant’s Acquired Gender

• If one or both members of a couple are under the age of 16, they cannot be treated as a couple. This is because anyone under the age of 16 is a child

Further information regarding family changes are contained in the TCO notes and the award notices.