#6
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A claim for the disability element or the disability and severe disability element of Child Tax Credit can be backdated for more than 3 months if all the following conditions are satisfied:

A claim for the disability element or the disability and severe disability element of CTC was made, but not awarded because Disability Living Allowance was not in payment in respect of the child.

At the date on which the CTC claim was received by an appropriate office, a claim for Disability Living Allowance in respect of the child had been made but had not been determined.

The relevant claim for Disability Living Allowance was later determined in the child’s favour and within 3 months of the relevant claim for Disability Living Allowance being determined the claimant, or in the case of a joint claim, one of the claimants notifies the Board.

or

Notification was given on an existing award of CTC, of a change in circumstances that may result in an increase because of entitlement to the disability or severe disability element of CTC.

The disability elements were not awarded because the claimant was not in receipt of Disability Living Allowance in respect of the child
on the date of the notification, a claim for Disability Living Allowance in respect of the child had been made but had not been determined.

The relevant claim for Disability Living Allowance was later determined in the child’s favour and within 3 months of the relevant claim for Disability Living Allowance being determined the claimant, or in the case of a joint claim, one of the claimants notifies the Board.

In these circumstances,

the subsequent claim for CTC, including the disability or the disability and severe disability element, can be backdated to the first date that the Disability Living Allowance was payable or,

if later, the date on which the original claim to the CTC disability element or the disability and severe disability element was made/treated as being made (that is, the earliest date of entitlement to that element under the original claim).

For Example:

A claim for DLA for a child was made on 15 April 2008 but not determined before the date a claim for a disability element of CTC for that same child, was made on 17 July 2083. On 19 March 2009 DLA was awarded to the child and backdated to 15 April 2008.
Tax credits are informed of that decision within 3 months of the date of the DLA decision, therefore, the disability element of the CTC award is backdated to the DLA award start date, 15 April 2008.


Im sure this explains a little better for you.

Also in regards to carers allowance this does become a little minefield as money you claim is deducted.Undecided
In regards to care and mobility yes its the case of reapplying as we have just had to do,but in the meantime payment is still made.Smile

And yes i agree with you Chris it is a nightmare and this is one of the reasons we set up this site to make it easier for people to get information.
Believe me if everybody went by what the DLA and tax credits staff said they would lose out.
Hope this helps.
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#7
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Hi Daniel

Thanks very much for you help.

Cheers


Chris
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just hope it helps and please let us know how you get on with this.
Always nice to know if we have helped in anyway.
#9
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a question about carers, me and my partner get joint income support and then we each have a claim for carers for each of our children that are disabled. our income support gets deducted should we recieve both the same in regards to carers as they are two seperate claims.
#10
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Im not quite sure what you mean here Becky.....
Start up a new thread and give me some more information and ill do what i can for you.
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