Deciding Competency (AG)

• Select the ‘Verification Failures’ Work List from the drop down list for the Work List Type field

• Select the office or unit you want from the drop down list for the Management Unit ( MU) field, if the one you want is not already displayed in this field. The screen will be redisplayed with the entries currently on the Work List

• Use Child Benefit on line (CBOL) and Function CAPTURE APPLICATION to check the following

• That the address held on the Applicant screen matches the one on CBOL

• That the child(ren) held on the Children screen match those on CBOL

And

• That Child Benefit (ChB) is in payment

Note:  If ChB is not in payment and the child(ren) is over 6 months old

• Complete form TC655 requesting the claimant to send in the child(ren)'s birth certificate / passport or ID card

• Copy the surname and NINO on to all parts of the form

And

• Ask the claimant to return the form together with the evidence of the child's birth

• Whether employment on the Work screen is based in the UK or an Other Member State (OMS) in the European Economic Area ( EEA)

• Note any discrepancies between CBOL and the computer on form TC648

• Follow the guidance in Contacting the Claimant

• If there is employment, ask the claimant

• Where the employment is based

• What type of job they do

• Does the job involve work in more than one country

And if they answer yes

• How many hours are spent in each country

• If there is evidence of more than one job, for each job ask the claimant

• Who they work for

• What is the registered office address

• Where the employment is based

• What type of job do they do

And

• How many hours do they work

• If there is evidence of benefits, ask the claimant

• What benefits they are in receipt of

• The address and telephone number of all paying offices

• Whether they have included any benefits from an OMS as income on the claim form and if so, which benefits and what amount is paid

• If family benefits are being paid for the child(ren) by OMS, what is the current rate and pay frequency

• Whether they are waiting to hear about a claim for benefits

• If you are unable to contact the claimant by telephone

• Send form TC696 for information about benefits and form TC813 for information about employment to the claimant

• Use Function MAINTAIN WORKLISTS to set an action date for 14 days in the future if the claimant resides in the UK

And

• 28 days in the future if the claimant resides outside the UK

In the following circumstances  the UK is competent to pay family benefits

• If the claimant lives in the OMS in EEA but works in the UK and there is no employment in the EEA

• If the claimant lives in the UK and there is work in both the OMS in EEA and UK

• If the claimant is residing in the OMS in the EEA but is in receipt of Child Dependency Increase (CDI's) paid with a UK state Retirement Pension / Incapacity Benefit / Bereavement Benefit / Widow's Benefit / Severe Disablement Allowance

And

• Is not also in receipt of a Retirement Pension or similar benefits from the OMS or,   that the claimant's are not working in OMS

• If the claimant is a Crown Servant (including MoD) posted overseas from the UK

• If the claimant is a posted worker, temporarily living and working in the EEA but continuing to pay UK National Insurance ( NI) contributions

Note:  In the case of a posted worker where the claimant will be living and working in OMS for a UK based employer, you must always confirm the competency decision with EC Section, CBO Washington if a claim for Child Benefit has already been made.  If no Child Benefit claim has been made you must refer the case to National Insurance Contributions Office (NICO) for advice on competency

In the following circumstances the OMS in EEA will be competent to pay family benefits

• If the claimant lives in the UK but works in the OMS in the EEA and there is no employment in the UK

• If the claimant lives in the OMS in the EEA and there is work in the UK and the OMS

• If the claimant is a Crown Servant (including MoD) posted overseas but their partner works off base in OMS in the EEA and satisfies all conditions of entitlement for family benefits for the child(ren) from OMS

• These examples provide basic guidance on deciding competency but each case must be judged individually on it's own merits

Note:  All the above claimants will be entitled to WTC (which is not a family benefit) providing they satisfy the relevant work criteria

• To inform them if you have made a decision on competency

Note:  No decision on competency must be made without agreement with CBO.  This is important to maintain consistency throughout HM Revenue & Customs (HMRC)

If it is not clear whether UK or OMS should be competent to pay family benefits, the case should be referred to National Insurance Contributions Office (NICO) or International Pensions Centre (IPC) for a final decision

• These cases will be dealt with by EC section, CBO on behalf of the International Claims Processing Section (ICPS), unless no claim for Child Benefit has been made, in which case ICPS should refer the case direct to NICO

• If you have reason to suspect from the evidence obtained that a decision they have previously made is out of date

• For advice in any cases of difficulty

• Confirm the details by fax

Note:  If the ChB reference number commences with 6, 7, 8 or 9 contact CBO at CBO (GB) Washington or if the number commences with 5 contact them at CBO (NI) Belfast

• UK Competent - No Overlapping Family Benefits

• UK Competent - Overlapping Family Benefits

• OMS in EEA Competent