TCTM05320 - Effective Dates of Changes in Circumstances - Disability and severe disability elements of CTC

Disability and Severe Disability elements of CTC - Backdating

The Tax Credits (Claims and Notification) Regulations 2002, Reg 26A

This legislation was changed on 6 April 2009. If you are dealing with a change of circumstances about backdating the disability and severe disability elements of CTC and notification of that change was received before 6 April 2009, you must follow the guidance at TCTM05330 

Where a notification is given of a change of circumstances which results in an award of the disability or severe disability element of CTC or both of these elements and the notification is received within 3 months of the decision on entitlement to DLA (TCTM02220), the award can be backdated longer than three months.

The element(s) can be backdated to;

• the first date from which DLA is payable; (See Example 1) or
• if later, the date falling three months before the claim for DLA is made; (See Example 2) or
• if later, the date that the current claim for CTC is made (or treated as made under regulation 7 of the Tax Credits (Claims and Notification) Regulations; (See Example 3) or

Example 1

A claimant has been in receipt of CTC since April 2003. They make a claim for DLA for their child on 13 October 2007. Entitlement to DLA was decided on 4 June 2008 and was payable from 13 October 2007. The claimant notifies HMRC within three months of this decision being made. The disability element of CTC can be backdated to 13 October 2007, i.e. the date the DLA became payable.

Example 2

A claimant has been receipt of WTC including the disability element for their child since April 2003. They make a claim for the highest rate care component of DLA for their child on 13 October 2007. Entitlement to the highest rate care component of DLA is decided on 4 July 2008 and the decision was that the benefit was payable from 19 May 2007. The claimant notifies HMRC within three months of this decision being made. The severe disability element of WTC can be backdated to 13 July 2007, i.e. the date falling three months before the claim for the benefit was made.

Example 3

A person makes a claim for DLA for their child on 13 February 2007. Their child was born on 18 August 2006 but they did not make a claim for CTC until 17 January 2008, which was backdated to 17 October 2007. Entitlement to DLA was decided on 4 June 2008 and was payable from 13 February 2007. The claimant notifies HMRC within three months of this decision being made. The disability element of CTC can be backdated to 17 October 2007, i.e. the date that the current claim for CTC was treated as being made.