TCM0290150 - Specialist areas - Persons from abroad: Persons From Abroad team - Pre award claims - Customers are subject to immigration control

Checklist

Before you follow this guidance make sure

• you have the correct user roles to follow this guidance
• you are in the correct MU. Follow the guidance in TCM0322460
• you have access to the tax credit computer system (NTC).

Background

Claims are passed to the PFA MU

• in a single customer family, where the customer has ticked that they are subject to immigration control the customer is not a UK national or National of Switzerland or states that belong to the European Union (EU) including A2 nationals
  or
• in a two customer family, where both customers have ticked that they are subject to immigration control and neither customer is a UK national or national of Switzerland or states that belong to the EU including A2 nationals.

The customer must also be present and ordinarily resident in the UK, for further information follow the guidance in TCM0128120. Customers who are subject to immigration control are not entitled to tax credits unless

• their partner is not subject to immigration control
  or
• the customer or partner satisfies one of the exemptions from the general exclusion detailed in TCM0128040.

Reasons not to follow this guidance

Where any customer

• is a national of Switzerland or EU including A2 nationals
• is a national of Croatia and their claim has been made on or after 1 July 2013
• is a Crown Servant or Posted Worker or Ghurkha
• lives outside the UK
• works outside the UK.

Guidance

Note: When sending customer, staff or process data to another individual or team, make sure you follow the latest data security guidelines or contact the Data Guardian/Data Security Team for advice.

Note: If you are dealing with a claim where the customer states they are claiming for a child/young person who is an exception, refer to the Exception Team (This content has been withheld because of exemptions in the Freedom of Information Act 2000) . (This content has been withheld because of exemptions in the Freedom of Information Act 2000) For how to check if the exception marker has been applied, use TCM1000314.

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Step 1

If you are dealing with a claim for the first time, go to Step 2.

If you are dealing with an expired action date for a TC1125, go to Step 4.

If you are dealing with a returned TC1125, go to Step 5.

If you are dealing with a reply from the United Kingdom Border Agency (UKBA) or National Document Verification Team (NDVT), go to Step 6.

If you have received a NINO from Specialist Tracing Unit (STU) or the BF has expired on your request, go to Step 22.

Step 2

Access the Verification Failures work list. For how to do this, use TCM1000004

• access function ‘Manage Verification Failures’ to check the following information
  • the nationality of the customer or customers on the tax credit claim, use NIRS or the ‘Application Notes’ for any entries that will help
  • whether the Rule 12 verification failure was caused because
  • all the customers shown on the tax credits computer are not UK nationals
  • any customer lives outside the UK
  • any customer works outside the UK
    then
• set up a manual file where appropriate and record on form TC648.

Note: In this guidance countries other than those in the UK, the EU, A2 and Switzerland, are referred to as Rest of the World.

If the claim has been passed to PFA MU correctly

• check for compliance activity. Follow the guidance in TCM0134420
• check Child Benefit Service to see if a claim to ChB has been disallowed AR9089. For how to do this,
  • access Child Benefit Service desktop icon
  • enter the customer’s NINO in the upper navigation bar and select ‘search’
  • check the customer’s name and address in the top left corner of the screen to ensure you select the correct customer details
  • select ‘Claimant Details’ from the left hand tool bar
• check the immigration status information held on the Home Office Computer System to establish if the customer has recourse to public funds
• go to Step 3.

If the claim has been passed to PFA MU incorrectly, send details of the claim to the International claims team. Use TCM0322460 for the correct MU number.

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Step 3

If you have all the information needed to determine the customers immigration status, go to Step 6.

If you require any further information in order to process the claim

• where there is no trace of the customer on the Home Office Computer System issue TC1125
• update the Application Notes with the message IP05 from TCM0160040. For how to do this, use TCM1000028
• set an action BF date for 30 days in the future
  Note: You must select the retained checkbox on the worklist entry details screen after entering an action date.
• take no further action.

Step 4

TC1125 has not been returned

• make a note on the TC648 that the customer has not responded to enquiries
• go to Step 34.

Step 5

TC1125 returned.

If the customer provides the documentation to show their immigration status, go to Step 7.

If the customer does not have the documentation to show their immigration status

• email the UKBA Evidence and Enquiry Unit to confirm the customer’s immigration status
• update Application Notes with the message IP13 from TCM0160040. For how to do this, use TCM1000028
• set an Action BF date for 30 days to await their reply
• take no further action.

If the customer has no immigration status but has a British national child, send a DCI1 to NDVT

• update Application Notes with the message IP13 from TCM0160040. For how to do this, use TCM1000028
• set an Action BF date for 30 days to await their reply
• take no further action.

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Step 6

If the UKBA have provided confirmation of the customer’s immigration status, go to Step 7.

If the DCI1 shows the customer has a (This content has been withheld because of exemptions in the Freedom of Information Act 2000) right to reside sole carer of a UK national child ruling, go to Step 8.

If the DCI1 does not show the customer has a (This content has been withheld because of exemptions in the Freedom of Information Act 2000) right to reside sole carer of a UK national child ruling, go to Step 7.

Step 7

Check the DCI1, TC1125 or information provided by the UKBA and any supporting documentation

• determine each customers immigration status
  • use TCM0128060 for further information about customers who are ‘subject to immigration control’
  • use TCM0128020 for further information about people who are not subject to immigration control
• check leave status has been granted and note your findings on TC648
  Note: The date the leave status was been granted may effect the effective date of award.
• check if the claim is a single or a joint claim. For how to do this, use TCM1000324.

If the customer is making a joint claim, go to Step 11.

If the customer is making a single claim and is subject to immigration control, go to Step 8.

If the customer is making a single claim and is not subject to immigration control

• note the TC648 that the customer is not subject to immigration control
• input one of the following Application Notes from TCM0160040. For how to do this, use TCM1000028
  • IP07 where the customer has full refugee status has been granted indefinite leave to remain as a refugee for tax credit purposes
  • IP19 where the customer has limited leave to remain as a refugee until the date specified
  • IP04 where evidence has been seen to show the customer is a UK national or is free of immigration control
  • IP09 where the customer has been granted a permanent leave status which gives them full entitlement to tax credits
• update the database with a review date in cases where the customer has limited leave to remain as a refugee
• go to Step 15.

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Step 8

If the customer has a (This content has been withheld because of exemptions in the Freedom of Information Act 2000) right to reside sole carer of a UK national child ruling and the claim if CTC only

• reject the TC claim, for how to do this use TCM1000411
• issue a manual TC601, for how to do this use TCM1000124
• update the Household Notes with the message IP36 from TCM0160040 make sure you select the ‘Retained’ checkbox, for how to do this, use TCM1000001

Note: You must follow guidance in TCM0152060 when you record the note.

• send any relevant correspondence to storage, for how to do this, use TCM0074140.

If the customer has a (This content has been withheld because of exemptions in the Freedom of Information Act 2000) right to reside sole carer of a UK national child ruling and the claim is WTC and CTC

• note the TC648 that subject to basic conditions being satisfied, the customer has entitlement to WTC only
• input one of the following Application Notes from TCM0160040. For how to do this, use TCM1000028
  - IP37 customer has a (This content has been withheld because of exemptions in the Freedom of Information Act 2000) type right to reside. Customer eligible for WTC manual payments
  - IP38 claim rejected as the customer has a (This content has been withheld because of exemptions in the Freedom of Information Act 2000) type right to reside and does not satisfy the WTC eligibility criteria
• update the database with a review date for when the (This content has been withheld because of exemptions in the Freedom of Information Act 2000) right to reside sole carer of a UK national child ruling leave in the UK expires and for a check to be made on the immigration status
• go to Step 19.

If the customer has come to the UK under a maintenance or a sponsorship agreement and they arrived in the UK more than five years ago, or there is any indication that their sponsor has died, contact your TALLO for advice on what to do next.

If the customer has come to the UK under a maintenance or a sponsorship agreement and they arrived in the UK less than five years ago, and there is no indication that their sponsor has died

• there is no entitlement to tax credits
• note the TC648 that claim is to be rejected because the customers leave to enter or remain in the UK is given as a result of a maintenance undertaking
• go to Step 34.

If the customer has a passport marked limited leave to remain in the UK and the limited leave has expired

• email the UKBA Evidence and Enquiry Unit to check if an in time application has been made for further leave
• update Application Notes with the message IP13 from TCM0160040. For how to do this, use TCM1000028
• set an Action BF date for 30 days to await their reply.

If the customer has a passport marked limited leave to remain in the UK and the limited leave has not expired, go to Step 9.

If the customer has not been granted leave to remain in the UK

• there is no entitlement to tax credits
• note the TC648 that the claim is to be rejected because the customer requires permission to enter or remain in the UK and does not have it
• go to Step 34.

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Step 9

Check the visa to determine if it is noted ‘No recourse to public funds’

If the customer’s funds from abroad have temporarily stopped, contact your TALLO for advice.

If the customer has Destitute Domestic Violence (DDV) concession noted, they can access public funds for a temporary period

• set BF date to match the date the DDV Concession ends
• on expiry of BF date, go to Step 35.

If the customers leave to remain in the UK is subject to there being no recourse to public funds, go to Step 10.

If the customers leave to remain in the UK is not subject to there being no recourse to public funds

• note the TC648 to show the customer has leave to enter and remain in the UK and that leave is not subject to the condition that the person has no recourse to public funds
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• update Application Notes with the message IP08 from TCM0160040. For how to do this, use TCM1000028 to show the date of arrival and the date for review
• go to Step 18.

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Step 10

Check the nationality of the customer. Nationals of

• Croatia and Turkey, which are States who have ratified the European Convention on Social and Medical Assistance or the 1961 Council of Europe Social Charter, can claim WTC. This exception does not allow entitlement to CTC
• Algeria, Morocco, San Marino, Tunisia and Turkey, who are lawfully working in the UK and they have a visa which permits them to work in the UK, can claim CTC. This exception does not allow entitlement to WTC.

Note: Customers from Turkey can benefit from both of the above exceptions therefore if they are lawfully working in the UK they can be entitled to both WTC and CTC.

Where the conditions require the person to be lawfully working in the UK, they must

• have no restrictions on their visa
  or
• be working UK in accordance with any restrictions on their visa. For example where the visa is to work in Agriculture the customer must be working in Agriculture not elsewhere.

If the customer is a national of Croatia

• note the TC648 that the customer is a Croatian national and that subject to basic conditions being satisfied, has entitlement to WTC only
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• update Application Notes with the message IP12 from TCM0160040. For how to do this, use TCM1000028
• go to Step 19.

If the customer is a Turkish national and they are working lawfully in the UK

• note the TC648 that the customer is a Turkish national and is lawfully working and therefore subject to basic conditions being satisfied, has entitlement to WTC and CTC
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• update Application Notes with the message IP12 from TCM0160040. For how to do this, use TCM1000028 show entitlement to both WTC and CTC
• go to Step 18.

If the customer is a Turkish national and they are not working lawfully in the UK

• note the TC648 that the customer is a Turkish national who is not lawfully working in the UK, and that subject to basic conditions being satisfied, the customer has entitlement to WTC only
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• update Application Notes with the message IP12 from TCM0160040. For how to do this, use TCM1000028
• go to Step 19.

If the customer is a national from Algeria, Morocco, San Marino or Tunisia and they are working lawfully in the UK

• note the TC648 of the customers nationality, and that subject to basic conditions being satisfied, there is entitlement to CTC only
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• update Application Notes with the message IP12 from TCM0160040. For how to do this, use TCM1000028
• go to Step 19.

If the customer is a national from Algeria, Morocco, San Marino or Tunisia and they are not working lawfully in the UK

• there is no entitlement to tax credits
• note the TC648 that the claim is to be rejected because the customer has arrived in the UK (and note which country they have come from,) and that the customer does not satisfy the requirement to be ‘lawfully working’ in the UK
• go to Step 34.

If the customer is a national from any other Rest of the World country

• there is no entitlement to tax credits
• note the TC648 that the customer is subject to immigration control and has ‘no recourse to public funds’ on their visa and as they are not covered by one of the exceptions there is no entitlement to tax credits
• go to Step 34.

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Step 11

Check TC1125 or information provided by the UKBA and any supporting documentation

• determine each customers immigration status
  • use TCM0128060 for further information about customers who are subject to immigration control
  • use TCM0128020 for further information about people who are not subject to immigration control
• check leave status has been granted and note your findings on TC648.
  Note: The date the leave status was been granted may effect the effective date of award.

If both customers are subject to immigration control, go to Step 12.

If both customers are not subject to immigration control

• make a note on the TC648 that both customers qualify for tax credits and the reason why they are not subject to immigration control
• input one of the following Application Notes from TCM0160040. For how to do this, use TCM1000028
  • IP07 where the customer has full refugee status has been granted indefinite leave to remain as a refugee for tax credit purposes
  • IP19 where the customer has limited leave to remain as a refugee until the date specified
  • IP04 where evidence has been seen to show the customer is a UK national or is free of immigration control
  • IP09 where the customer has been granted a permanent leave status which gives them full entitlement to tax credits
• update the database with a review date in cases where the customer has limited leave to remain as a refugee
• go to Step 15.

If only one customer is subject to immigration control and that person is a national of Croatia or Turkey who is lawfully present in the UK

• make a note on the TC648 of the nationality of the customer who is subject to immigration control and
• input one of the following Application Notes for the customer who is not subject to immigration control from the list below from TCM0160040. For how to do this, use TCM1000028
  • IP07 where the customer has full refugee status has been granted indefinite leave to remain as a refugee for tax credit purposes
  • IP19 where the customer has limited leave to remain as a refugee until the date specified
  • IP04 where evidence has been seen to show the customer is a UK national or is free of immigration control
  • IP09 where the customer has been granted a permanent leave status which gives them full entitlement to tax credits
• go to Step 15.

If only one customer is subject to immigration control and that person is not a national of Croatia or Turkey and there is no evidence of maintenance or sponsorship agreement or disruption in funds from abroad

• make a note on the TC648 of the nationality of the customer who is subject to immigration control and
• input one of the following Application Notes for the customer who is not subject to immigration control from the list below from TCM0160040. For how to do this, use TCM1000028
  • IP07 where the customer has full refugee status has been granted indefinite leave to remain as a refugee for tax credit purposes
  • IP19 where the customer has limited leave to remain as a refugee until the date specified
  • IP04 where evidence has been seen to show the customer is a UK national or is free of immigration control
  • IP09 where the customer has been granted a permanent leave status which gives them full entitlement to tax credits
• go to Step 14.

If only one customer is subject to immigration control and that person has been in the UK 5 years or more or they have a sponsor who has died or their funds from abroad are temporarily disrupted, contact your TALLO for advice on what to do next.

If both customers do not have permission to stay or remain in the UK

• note the TC648 that names of both customers who do not have permission to stay or remain in the UK
• go to Step 34.

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Step 12 {#}

Check to see whether either customer is in the UK under a maintenance undertaking or sponsorship agreement.

Note: Generally persons who are in the UK under a maintenance undertaking or sponsorship agreement are not entitled to tax credits, however there is an exception to that rule where the person has been in the UK for 5 years or more or the sponsor has died.

If there is no maintenance or sponsorship agreement, go to Step 13.

If any customer has a maintenance agreement and arrived in the UK more than five years ago, contact your TALLO for advice on what to do next.

If any customer has a sponsorship agreement and there is any indication that their Sponsor has died, contact your TALLO for advice on what to do next.

If both customers have come to the UK under a maintenance agreement and they arrived in the UK less than five years ago, or a sponsorship agreement and there is no indication that their sponsor has died

• there is no entitlement to tax credits
• note the TC648 that claim is to be rejected because the customers leave to enter or remain in the UK is given as a result of a maintenance undertaking
• go to Step 34.

If only one customer has come to the UK under a maintenance agreement and they arrived in the UK less than five years ago, or a sponsorship agreement and there is no indication that their sponsor has died

• note the TC648 which customers leave to enter or remain in the UK is given as a result of a maintenance undertaking
• go to Step 13.

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Step 13

In general, people whose right to enter or remain in the UK is subject to a limit or conditions are not entitled to CTC or WTC. However, there are a number of exceptions to this general rule. Nationals of

• Turkey may benefit from the European Convention of Social and Medical Assistance or the Council of Europe Social Charter. Turkish nationals who are working lawfully in the UK are eligible to claim both WTC and CTC
• Croatia who are lawfully present in the UK can claim WTC as they are covered by the European Convention of Social and Medical Assistance or the Council of Europe Social Charter. This exception does not allow entitlement to CTC
• Algeria, Morocco, San Marino or Tunisia lawfully working in the UK can claim CTC
• the other Rest of the World countries with limited leave to remain in the UK who do not come within the exceptions listed at TCM0128040 and whose visa is noted ‘No recourse to public funds’ have no entitlement to tax credits.
  Note: Where the conditions require the person to be lawfully working in the UK, they must have no restrictions on their visa or be working UK in accordance with any restrictions on their visa. For example where the visa is to work in Agriculture the customer must be working in Agriculture not elsewhere.

Check through the above exceptions for each customer who is subject to immigration control to determine if they qualify for CTC only or WTC only or both. Note your findings on TC648.

If a customer’s funds from abroad have temporarily stopped

Note: Customer’s who have leave to remain in the UK on the condition that they have no recourse to public funds whose funds from abroad are temporarily disrupted may be able to claim tax credits for up to 42 days provided the disruption is temporary.

• contact your TALLO for advice.

If one customer is a Turkish national lawfully working in the UK and their partner is a Croatian or Turkish national who is lawfully present in the UK

• note the TC648 of each customers nationality and that subject to basic conditions being satisfied, has entitlement to WTC and CTC
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• update Application Notes with the message IW05 from TCM0160040. For how to do this, use TCM1000028
• go to Step 18.

If one customer is a Turkish national lawfully working in the UK and their partner is not a Croatian or Turkish national

• note the TC648 of each customers nationality and that subject to basic conditions being satisfied, has entitlement to WTC and CTC
• update Application Notes with the message IP12 from TCM0160040. For how to do this, use TCM1000028
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• to consider if the 2nd adult element is payable
• go to Step 14.

If one customers is a Croatian national who is lawfully present in the UK and their partner is a Turkish national who is lawfully present in the UK but is not lawfully working here

• note the TC648 of each customers nationality and that subject to basic conditions being satisfied, has entitlement to WTC only
• update Application Notes with the message IP12 from TCM0160040. For how to do this, use TCM1000028
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• go to Step 19.

If both customers are Turkish nationals who are lawfully present in the UK but are not lawfully working here

• note the TC648 of each customers nationality and that subject to basic conditions being satisfied, has entitlement to WTC only
• update Application Notes with the message IP12 from TCM0160040. For how to do this, use TCM1000028
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• go to Step 19.

If both customers are Croatian nationals who are lawfully present in the UK

• note the TC648 of each customers nationality and that subject to basic conditions being satisfied, has entitlement to WTC only
• update Application Notes with the message IP12 from TCM0160040. For how to do this, use TCM1000028
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• go to Step 19.

If one customer qualifies for WTC only because they are either a Croatian national who is lawfully present in the UK or a Turkish national who is lawfully present but not lawfully working in the UK and their partner is an Algerian, Moroccan, San Marino or Tunisian national, contact your TALLO for advice.

If one customer qualifies for WTC only because they are either a Croatian national who is lawfully present in the UK or a Turkish national who is lawfully present but not lawfully working in the UK and their partner does not come within any of the exceptions, contact your TALLO for advice.

If one customer is a national from Algeria, Morocco, San Marino or Tunisia lawfully working in the UK and their partner does not come within any of the exceptions

• note the TC648 of each customers nationality and that subject to basic conditions being satisfied, has eligibility to CTC only
• update the database with a review date for when the leave to remain in the UK expires and for a check to be made on the immigration status
• update Application Notes with the message IP12 from TCM0160040. For how to do this, use TCM1000028
• go to Step 19.

If both customers are nationals from Algeria, Morocco, San Marino or Tunisia, and at neither one is lawfully working in the UK

• there is no entitlement to tax credits
• note the TC648 of each customers nationality and that they do not qualify for tax credits because they do not satisfy the requirement to be “lawfully working” in the UK
• go to Step 34.

If either customer has arrived in the UK from any other Rest of the World country and their partner does not fall under any of the exceptions for to the general rule

• there is no entitlement to tax credits
• note the TC648 that the customer is subject to immigration control and has ‘no recourse to public funds’ on their visa and as they are not covered by one of the exceptions there is no entitlement to tax credits
• go to Step 34.

If both customers do not fall under an exception to the general rule

• there is no entitlement to tax credits
• note the TC648 that the customer is subject to immigration control and has ‘no recourse to public funds’ on their visa and as they are not covered by one of the exceptions there is no entitlement to tax credits
• go to Step 34.

If you are unable to determine whether a customer falls under an exception to the general rule, contact your TALLO for advice.

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Step 14

Select ‘Ch’ from the toolbar.

If there are children on the claim

• update Application Notes with the message IW06 from TCM0160040. For how to do this, use TCM1000028
• go to Step 15.

If there are no children on the claim

• note the TC648 that the 2nd adult element will be restricted
• update Application Notes with the message IW01 from TCM0160040. For how to do this, use TCM1000028
• go to Step 15.

Step 15

If any customer has full refugee status, go to Step 16.

If no customer has refugee status and the TC648 is noted ‘2nd adult element restricted’, go to Step 19.

If no customer has refugee status and the TC648 is not noted ‘2nd adult element restricted’, go to Step 18.

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Step 16

Use Function VIEW APPLICATION to check when the claim to tax credits was made

• go to the Select Application screen
  • select the earliest version of the claim
  • select [OK]. You’ll be taken to the Application Summary screen
  • make a note of the effective date of the claim
• check the information supplied by the customer about when their application for asylum was granted and they were given refugee status by the Home Office. For further information on the required timescales for backdating, go to TCM0022340.

Note: From 6 April 2012 the time limit for claiming a tax credit after having been notified by the Home Office that the customer has refugee status is one month. For claims made in that time limit the claim will be treated as made on the date they first claimed asylum in the UK and on every subsequent 6 April intervening.

If the claim for tax credits was received within the required timescales following the date the customer was notified by the Home Office of their decision to grant refugee status, follow the guidance in TCM0290160.

If the claim for tax credits was not received within the required timescales following the date the customer was notified by the Home Office of their decision to grant refugee status, go to Step 17.

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Step 17

If the customer has requested backdating

• issue TC1157
• go to Step 18.

If the customer has not requested backdating, go to Step 18.

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Step 18

Check the effective date of claim.

Note: Claims made on or after 6 April 2012 may be backdated up to 31 days.

Note: Claims made prior to 6 April 2012 may be backdated up to 93 days.

Note: Where WTC only is payable, the effective date will normally be the date of claim unless it is clear that the customer is eligible before the date of claim, for example there is a job start date present.

If the customers leave status was granted before the effective date of claim

• access function ‘Manage Verification Failures’ for the claim you’re working. For how to do this, use TCM1000004 and TCM1000107
  Note: You must access function ‘Manage Verification Failures’ from the Verification Failures work list and not directly from the ‘Function Menu’.
• on the ‘Manage Verification Failures’ screen
  • select the relevant verification failure
  • select ‘Change Verification’. You’ll be taken to ‘Change of Status Reason’ screen.
  • update the ‘Reason’ field with the appropriate message from TCM0160040 using the relevant IP note you used before
  • select ‘OK’. You’ll be taken back to the ‘Manage Verification Failures’ screen
  • select ‘OK’
• when the message ‘This will re-submit the application for processing and saving changes made on this window. Do you want to proceed?’ displays, select ‘Yes’
• send any relevant correspondence to storage. For how to do this, use TCM0074140
• take no further action.

If the customer’s leave status was granted after the effective date of claim

• to amend the effective date of claim
  • access the claim through ‘Application Correction’
  • select ‘Summary Screen’
  • change ‘Application Effective Date’ to the required date
    Note: This will be day after the leave status was granted.
  • select ’OK’
  • select ’Process’
• on the ‘Manage Verification Failures’ screen
  • select the relevant verification failure
  • select ‘Change Verification’. You’ll be taken to ‘Change of Status Reason’ screen
  • update the ‘Reason’ field with the appropriate message from TCM0160040 using the relevant IP note you used before
  • select ‘OK’. You’ll be taken back to the ‘Manage Verification Failures’ screen
  • select ‘OK’
• when the message ‘This will re-submit the application for processing and saving changes made on this window. Do you want to proceed?’ displays, select ‘Yes’
• send any relevant correspondence to storage. For how to do this, use TCM0074140
• take no further action.

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Step 19

Check the basic conditions for entitlement are satisfied.

For example where we are considering paying CTC only, make sure the customer is responsible for a child or QYP or where we are considering paying WTC only that the customer meets the WTC requirements.

Note: A single customer with a (This content has been withheld because of exemptions in the Freedom of Information Act 2000) right to reside sole carer of a UK national child ruling is responsible for a UK national child but has no eligibility to CTC. When considering WTC eligibility the must be working at least 16 hours or more. Childcare costs will be included where appropriate.

If the basic conditions are satisfied

• update the free format note ‘Complex case, manual payments being made, do not apply any changes’. For how to do this, use TCM1000036
• go to Step 19.

If the basic conditions are not satisfied, go to Step 34.

Step 20

Check the customer and where appropriate any partner has a NINO.

If we know the customer, and where appropriate their partner, has a NINO, go to Step 23.

If we do not know whether the customer, and where appropriate their partner, has a NINO

• trace and match the customer and, where appropriate any partner. For how to do this, use TCM1000404

Note: Any possible match should be consistent with the rules for defining an acceptable match, refer to TCM0322010.

• go to Step 21.

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Step 21

If you are able to trace and match the customer and, where appropriate any partner, go to Step 22.

If you are not able to trace and match the customer and, where appropriate any partner

• refer details of the verification failure to the Specialist Trace Unit (STU)
• update Application Notes with the message IP20 from TCM0160040. For how to do this, use TCM1000028
• set an action date on each linked work list item for seven working days in the future. For how to do this, use TCM1000008
  Note: Only set an action date if an action date has not already been set whilst following this guidance.
• update the TC648 with the action you’ve taken including the action date you have set for the STU action to be completed
• return the file to the manual BF run
• take no further action.

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Step 22

If STU has provided a NINO, go to Step 23.

If STU has not yet replied, contact your line manager for advice.

Note: If you have set an action date twice (a total of 14 days) and STU still have not allocated a NINO, contact your TALLO for advice.

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Step 23

Before you manually calculate

• check the TC648 and free format for any changes of circumstance
• determine which main elements of tax credits is payable - for example WTC only/WTC only and restrict 2nd adult element/CTC only. Then decide which other elements of tax credits are to be paid. For example - baby element/children/qualifying young person
  Note: The baby element has been withdrawn. Any new claims made after 6 April 2011 with a baby under the age of one year that requires backdating into Previous Year (PY) will only receive the baby element of the family element for any entitlement in the 93 days prior to 6 April 2011.
  Note: The 50+ element will be withdrawn on 6 April 2012. Award notices issued from 11 October 2011 will show a revised award for 2011-2012 but won’t explain that the 50+ element will stop in April 2012.
  Note: From 6 April 2017, customers will only get the Family Element of Child Tax Credit where they are responsible for a child or children born before that date.
  Note: From 6 April 2017, customers will only get the child element of Child Tax Credit (CTC) for up to 2 children. If they are already claiming tax credits for more than 2 children born before 6 April 2017, they will continue to get tax credits for each of them.
• use the SEES ‘Tax Credits Entitlement Calculator’ to calculate WTC and or CTC. For how to do this, use TCM1000089
  Note: The effective date of claim of your calculation will be the date the claim was received.
  Note: Where the period from the date the claim was received to today’s date has passed 5 April, you will need a separate entitlement calculation for both the previous year (PY) and current year (CY).
• calculate the effective date of claim, you must also take into account
  • the date the customers leave status was granted
  • claims made on or after 6 April 2012 may be backdated up to 31 days
    Note: Claims made prior to 6 April 2012 may be backdated up to 93 days.
  • where WTC only is payable, the effective date will be the date of claim unless it is clear that the customer is eligible before the date of claim, for example there is a job start date present
  • end date if the award is for a closed period
  • child’s date of birth
• print off a copy of the SEES calculation to keep with the TC648
• go to Step 24.

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Step 24

Check the work list item to determine if, where appropriate, all the following details are noted

• details of all the children and/or young persons
• full name
• date of birth
• child responsibility start date, if it’s different from the date of birth
• main carer details
• payment frequency
• whether the customer has provided details of a bank account.

If all the details are noted, go to Step 25.

If all the details are not noted

• obtain the missing details from the tax credits computer. For how to do this, use TCM1000249
• update the TC648 with the missing details.

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Step 25

Access function ‘Manage Verification Failures’ for the claim you are working, you must access function ‘Manage Verification Failures’ from the ‘Verification Failures’ work list and not directly from the ‘Function Menu’. For how to do this, use TCM1000004 and TCM1000107

• manually verify verification failures
• Process the claim to status ‘Award Issued’
  Note: You must access ‘Amend Application Corrections’.
• update the manual file with the action you’ve taken
• Check if the status of the claim is now ‘Award Issued’. For how to do this, use TCM1000118.
  Note: The tax credits computer can take up to 48 hours for the status of the claim to change to ‘Award Issued’. During this time, you must check regularly if the claim status has changed.

If the status of the claim is ‘Award Issued’, go to Step 26.

If the status of the claim isn’t ‘Award Issued’, contact your TALLO for advice on what to do.

Note: Do not refer the case to your TALLO without first allowing 48 hours for the status of the claim to change to ‘Award Issued’.

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Step 26

You must complete Step 25 to Step 26 in their entirety at the same time to avoid any system generated payments and forms being issued to the customer.

• Set the ‘Complex Case’ and ‘Manual Correspondence’ markers. For how to do this, use TCM1000136
• apply any change of circumstance noted on the TC648
• complete the ‘Amend Finish’ screen, for how to do this, use TCM1000032
  Note: The ‘Complex Case’ and ‘Manual Correspondence’ markers won’t be set until you complete the ‘Amend Finish’ screen.
• go to Step 27.

Step 27

• Select the case you’re working from the ‘Unprocessed Changes of Circs’ work list with ‘COC’ in the ‘Change Details’ column. For how to do this, use TCM1000208
• apply the ‘Free Format’. For how to do this, use TCM1000233
  Note: Do not apply the Free Format note where there is a reported change of circumstances that is also on the Free Format note or another ‘Unprocessed Changes of Circs’ work list item with a reason other than ‘COC’. Contact your TALLO for advice on what to do.
  Note: You may need to repeat this action as there may be more than one ‘Free Format’ which has generated an ‘Unprocessed Changes of Circs’ work list item with the reason ‘COC’.
• go to Step 28.

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Step 28

When you have applied the ‘Free Format’, you will be taken back to the ‘Maintain Worklist’ screen.

• Check if the ‘Unprocessed Changes of Circs’ work list item with ‘COC’ in the ‘Change Details’ column has been deleted. For how to do this, use TCM1000208.

If the ‘Unprocessed Changes of Circs’ work list item with ‘COC’ in the ‘Change Details’ column has been deleted, go to Step 29.

If the ‘Unprocessed Changes of Circs’ work list item with ‘COC’ in the ‘Change Details’ column has not been deleted

• delete the ‘Unprocessed Changes of Circs’ work list item with ‘COC’ in the ‘Change Details’ column. For how to do this, use TCM1000160
• go to Step 29.

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Step 29

Check if a payment schedule has been set up. For how to do this, use TCM1000374.

Note: A payment schedule can take up to 48 hours after your initial action to set up. It is important to keep checking at regular intervals to determine if a payment schedule has been set up.

If a payment schedule has been set up

• suspend the payments. For how to do this, use TCM1000232
• transfer the ‘Suspend Payments (Payment)’ work list item to your MU. For how to do this, use TCM1000023
  Note: You can only access the work list through one of the Payment Processor user roles.
• through your MU, set an action date for 180 days on the Suspend Payments (Payment) work list. For how to do this, use TCM1000008
• make a note on the form TC648 of the action you’ve taken
• update Household Notes with the message II10 from TCM0160040 For how to do this, use TCM1000001
• go to Step 30.

If a payment schedule has not been set up after 48 hours, contact your TALLO for advice.

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Step 30

Check if any payments have been made to the customer. For how to do this, use TCM1000312.

If payments have not been made to the customer, go to Step 32.

If BACS payments have been issued to the customer

• contact the Bank Liaison Team to recall the payments. For how to do this, use TCM1000134
• go to Step 31.

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Step 31

If the BACS payments could not be recalled

• make a note of the net amount paid on form TC648. For how to do this, use TCM1000312
• go to Step 32.

If the BACS payments have been recalled, go to Step 32.

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Step 32

Using the information on the form TC648 and ‘Manual Calculation Sheet’

Note: You’ll need to complete a ‘Manual Calculation Sheet’ for each tax year you’ve calculated WTC and or CTC entitlement for.

Note: If the customer has already received payments for the award period, make sure you adjust the yearly award by the amount of payments already issued.

• complete a TC602 manual award notice for the WTC and or CTC award. For how to do this, use TCM1000275
• complete SEES letter 1099
  Note: Where the period from the start date of the claim to today’s date has passed 5 April, you’ll need to issue a TC602 manual award notice for each tax year.
• pass for Quality checking
• go to Step 33.

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Step 33

Once the appropriate payment details forms have been passed as correct

• issue TC602 manual award notice to the customer
• update Household Notes with the message II14 from TCM0160040. Consider applying a ‘Retained’ note. For more information, use TCM0152080
• send the appropriate payment details forms to the Manual Payments Team
• pass the ‘Payment stencil’ to the Manual Payments Team
• pass the TC648 to the Renewals Team
• send any relevant correspondence to storage. For how to do this, use TCM0074140.

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Step 34

To disallow the claim

• check the TC648 for the reason for rejection
• update the Application Notes with the appropriate message from TCM0160040. For how to do this, use TCM1000028
• follow the guidance in TCM0070100 to reject the claim
• send any relevant correspondence to storage. For how to do this, use TCM0074140.

Step 35 {#}

On expiry of the BF date check the UKBA database to determine whether the customer has leave to remain (temporary or indefinite)

If the customer has indefinite leave to remain, continue to pay.

If the customer has temporary leave to remain

• continue to pay
• set BF date to match the leave to remain enquiry date.

If the customer does not have leave to remain

• household end the claim
• update household notes with the message IP03 from TCM0160040
• send any relevant correspondence to storage. For how to do this use TCM0074140.