OMS In EEA Competent (Info)

A cross border / overseas case will create a residency failure entry on the ‘Verification Failures’ Work List.

It will already have been decided that the Other Member State (OMS) of the European Economic Area ( EEA) is the competent state. This means that the OMS is responsible for paying Family Benefits. The UK will be responsible for paying a supplement of Child Tax Credit ( CTC) and Child Benefit (ChB) if appropriate.

The International Claims Processing Section (ICPS) will be responsible for the supplement of CTC only, any supplement of ChB will be paid by the European Community Section in the Child Benefit Office (CBO).

If there are any children on the claim that have not been verified they must be deleted and their details noted.

If there are childcare charges (CCC) on the claim you must establish if they are approved. If they are not approved the CCC must be deleted and the details noted.

If there are foreign benefits declared you must check whether the benefits should be included as income and if they should be, that the foreign benefits have been correctly converted into sterling.

If the foreign benefits

• Have not been correctly converted into sterling

• Have been included incorrectly

Or

• Have been disregarded incorrectly

You must

• Change the income details and make a note of the existing amounts

You must check if family benefits are in payment

• If they are not in payment, you must advice the claimant to apply for family benefits from OMS before a supplement of CTC can be decided

The award must be calculated using the manual entitlement calculator

• If the claimant is a Crown Servant and their CCC is not approved, you must calculate their entitlement to Working Tax Credit ( WTC) with and without CCC and make a note of both amounts, but you must not pay the childcare component to the claimant

• Note: The Ministry of Defence (MoD) operate a scheme which may be able to pay Crown Servants the difference between the awards with and without the childcare component. In this instance you must provide the claimant with a form TC695, which they will give to their pay office

 If a supplement of CTC has been awarded you must inform CBO.

 If Family Benefits are in payment you must inform the OMS authority of the amount of UK Family Benefits awarded.