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Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13980
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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We recently had a letter from HM Revenue & Customs regarding

Resolved Question:

Hi, we recently had a letter from HM Revenue & Customs regarding a Child Disability Adjustment. The letter stated that I should have had the disability element of Child Tax Credits for myself because I receive Disability Living Allowance for looking after my son. This disability element of CTC payment has not been paid to myself and my son, just my son only. Apparently I did not tell HMRC that I receive DLA in respect of my son. I believe the error that the Government claims was made because DWP failed to provide details to HMRC and therefore I have not been getting what was owed to me since November 2012.
There has been an automatic adjustment made for this tax year 2016/17 but apparently you cannot backdate the money owed from 2012. I believe that I did inform the HMRC as I have always stated that I am his carer and that my son is now 16 years old this year. They know I am his parent and that he is my son so its obvious that as the parent, it is myself who is making the claim for my son. I also was in receipt of Income Support for being a carer. HMRC know he lives with me and that I am claiming Child Tax credits for my family! Can an appeal be made to get Child Tax credit backdated? We feel like blaming the beneficiary for not checking the amount owed should not be an excuse as the tax credits are too complex to understand. As far as I was aware I was already getting the disability element as without detailed structure explaining how Tax Credits are worked out it will be hard for most people to understand if it is correct or not.
Submitted: 10 months ago.
Category: Tax
Expert:  Sam replied 10 months ago.

Hi, Sam here , one of the UK tax Experts here on Just Answer, thank you for your question and I shall reply shortly

Expert:  Sam replied 10 months ago.

HI

I am afraid this cannot be backdated and a successful appeal made unless you had made the appropriate indication for you and your son and that the tax credit office then failed to make that adjustment. Its not up to the tax credit office to liaise with DWP or HMRC to establish what claims might already be in place, but up to you to make the appropriate claims elements on both the initial claim and subsequent annual reviews.

There is nothing hard about whether you had made the claims for the disability element as the forms clearly (as do the claim award notice) state these as a separate entity of entitlement

I am sorry the news is not better

Thanks

Sam

Customer: replied 10 months ago.
I think that was the response I was expecting but worth enquiring about. It is annoying when you realise you have missed out money you were entitled to. Yes I have realised the new layout shows the disability element on our tax credits now that they have been adjusted onto this year. I have not seen any other layout to compare as to where this was or what it should have looked like. I thought it was worked out in one whole category under the child element. Live and learn I suppose. Thank you for your responseLisa
Expert:  Sam replied 10 months ago.

Hi

I so agree with you and it would be far better if the system had always liaised with each of the regimes to ensure correct claims both in favour and with correct entitlements - this would ensure more accurate claims .

I am sorry this has not worked in your favour on this occasion

Thanks

Sam

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