TCM0306500 - Specialist areas: international: pre-award: international pre-award claims - rest of the world
Reasons not to follow this guidance
Note: From 27th January 2021, there are no new claims to tax credits
If you have a claim and the only form of abroad involvement is a child living in a Rest of the World country (RoW).
- you are dealing with other Member States, using the definitions of European Union (EU) members.
Checklist
Before you follow this guidance, make sure
- you follow guidance in TCM0306100 and TCM0320420
- you have the correct user roles to follow this guidance. Use the B&C Roles and Access catalogue. You can find this by going to the Benefits & Credits homepage, selecting ‘R’ on the B&C A-Z index, selecting ‘Roles & Access Process’, selecting ‘Roles & Access Catalogue’ from the related links menu
- you are in the correct MU. Use TCM0322460 for the correct MU number.
Background
Rest of the world cases are where one or two claimants have ticked that they normally live outside of the UK and EU or leave the UK for a country outside of the UK and EU or work outside of the UK or EU.
Children living abroad in a Rest of the World (RoW) country. If you have a claim and the only form of abroad involvement is a child living in a Rest of the World country, please contact your Tallo.
Example: Claimant 1 of a couple moves to Singapore to work. The absence is not temporary and none of the exceptions apply. Claimant 2 remains in the UK with the children. In this case claimant 2 should submit a single claim. Therefore, if one or more customers have ticked that they live or work in a Rest of the World country, and then you must confirm with them the details of their claim.
Note: To support the expansion of Universal Credit (UC), The Department for Work and Pensions (DWP) and The Department for Communities (DfC) in Northern Ireland, are undertaking a phased rollout approach using postcodes. By 31 December 2018, this rollout will be complete and any new claims for Tax Credits will no longer be accepted after this date and HMRC will signpost the customer(s) towards DWP or DfC to claim Universal Credit instead.
The only exception to this is if the customer (or in the case of a joint claim, one of the customers) is recognised as being of Pension Credit Qualifying Age (PCQA) or they have more than 2 children. Business rules will allow these exceptions to be identified and Tax Credit claims can be accepted on this basis. Full Gateway Closure will take place on 31 January 2019 and, after this date, these exceptions will no longer be accepted.
Note: From 16th January 2019, an additional exception will be accepted where the customer is in receipt of the Severe Disability Premium (SDP) as part of their legacy benefit.
Severe Disability Premium (SDP) is an extra amount of money that is included in Income Support, income-based Jobseeker’s Allowance, income-related Employment and Support Allowance and housing benefit where a customer meets the entitlement conditions.
To be eligible for SDP, a customer must be in receipt of one of the following qualifying benefits:
- PIP daily living component
- Armed forces independence payment (AFIP)
- DLA care component at the middle or highest rate
- Attendance Allowance, or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit
SDP is only payable where a customer lives alone or is treated as living alone. A customer cannot get the severe disability premium if someone is in receipt of Carer’s Allowance or the carer element of Universal Credit for looking after them.
Required Information
Before considering the claims you may need all necessary information. If you do not have the information please contact the customer by telephone or by issuing form TC664 (Pre award).
Guidance
Note: Claimants who are employed by HM forces of NAFFI are covered by Crown Servants. Follow the guidance in TCM0306200.
Usually where one partner is living or working outside of the UK, then the person remaining in the UK should make a single claim. There are three exceptions to this rule where a joint claim must be made
- if either or both claimants are living in the EU, and at least one claimant is working and is responsible for a child or children
- if they are Crown Servants posted overseas
- if their absence from the UK is only temporary.
Note: Where the entitlement conditions for CTC - are not satisfied at the date of claim
and - are satisfied on a date, the later date being after the date of claim but not later than the date on which the decision is being taken
- an award of CTC should be made from the later date.
Step 1
Consider the information relating to the customers whereabouts
If you have a reply to correspondence issued to the customer, go to Step 2.
If all the information is held to make a decision, go to Step 2.
If all the information is not held to allow you to make a decision,
- contact the customer for the information required. For how to do this, use TCM0094080
- go to Step 2.
If you have no reply to correspondence, go to Step 10
Step 2
Consider the information obtained from the customer
If there is one or more customers living or working in a RoW country consider the case under Temporary and Permanent absence. For how to do this, use TCM0320420
- go to Step 3.
If customer(s) confirm they do live and work in the UK, or they do not live or work in the RoW country for more than 8 (or 12) weeks, go to Step 6.
If you do not obtain all the missing information from the customer, go to Step 9.
Step 3
Consider where the customer lives and works
If both customers live or work in a RoW country, go to Step 4.
If there is one customer living or working in a RoW country consider the case under temporary and permanent absence. For how to do this, useTCM0320420.
- go to Step 4.
If customer(s) confirm they do live or work in the UK, go to Step 5.
If they do not live or work in the RoW country for more than 8 (or 12) weeks, go to Step 5.
Step 4
If the absence is less than 8 or 12 weeks, go to Step 5.
If the absence is more than 8 or 12 weeks and it is a single claim, go to Step 7.
If the absence is more than 8 or 12 weeks and the claim is joint
Note: It may be necessary to make payments if there is a period of entitlement, the claim should then end once entitlement ends.
Example: if a claim date is 01-01-10 and claimant 1 lives and works in the UK, claimant 2 lives and works in the RoW (temporary absence, but claimant 2 didn’t leave the country until 01-02-10, then the claim can be paid as joint up until the date claimant 2 left and the 8 (or 12) weeks
- reject the joint claim
- select ‘Text’. The ‘CBS Reject Application’ text box will be shown
-
copy and paste the explanation in the text box. The agreed text to use is
You have claimed in the incorrect capacity. You need to make a single claim.
Note: You must not amend the agreed text or adapt it.
- if payment due, pay for a closed period
- process the claim to Award issued
- when award issued end the claim
- consider inviting a fresh claim. To do this, follow the guidance in TCM0044080.
Example: If a claim date is 01-01-10 and the customer leaves the UK 10-01-10 for more than 8 (or 12) weeks but less than 52 weeks (temporary absence) the claim can be paid, taking into account any backdating and ends from 8 weeks after the customer left the UK
Note: Before you can invite a fresh claim, you must check whether the customer(s) have a valid exception to business rules. This can either be if the household contains an individual of Pension Credit Qualifying Age (PCQA) or if customers are claiming for more than two children. These customers will still be entitled to claim tax credits up to 31 January 2019.
Note: From 16th January 2019, an additional exception will be accepted where the customer is in receipt of the Severe Disability Premium (SDP) as part of their legacy benefit. - input HH note II88
- take no further action.
Step 5
Note: You must take into account where the customer(s) lived at the beginning of the claim and also any run on entitlement after they leave.
- action verification failure as normal
- if the verification failure is a R12 because the customer has advised they live or work in the RoW, do not amend the claim, verify the R12
- if the customer lives or works in UK amend the claim
- the case will be paid on system
- take no further action.
Step 6
Consider if the absence is temporary or permanent. For how to do this, useTCM0320420.
If the absence is more than 8 or 12 weeks for one customer but less than 8 or 12 weeks for the other customer, go to Step 7.
If the absence is more than 8 or 12 weeks for one or more customers, go to Step 7.
If the absence is less than 8 or 12 weeks for both customers, go to Step 8.
Step 7
Note: It may be necessary to put into payment for a short period if there is entitlement. Once entitlement ends the claim should also end.
Note: You must take into account where the applicants lived at the beginning of the claim and also any run on entitlement after they leave.
Example: If a claim date is 01-01-10 and the customer leaves the UK 10-01-10 for more than 8 (or 12) weeks but less than 52 weeks (temporary absence) the claim can be paid, taking into account any backdating and ends from 8 weeks after the customer left the UK
- reject the claim
- if payment due, pay for a closed period
- process the claim to Award issued
- when award issued end the claim
Note: it may take 24 hours for the award to be made - enter end date
- consider issuing form TC1213 to invite a fresh claim. To do this follow the guidance in TCM0044080.
Note: Before you can invite a fresh claim, you must check whether the customer(s) have a valid exception to business rules. This can either be if the household contains an individual of Pension Credit Qualifying Age (PCQA) or if customers are claiming for more than two children. These customers will still be entitled to claim tax credits up to 31 January 2019.
Note: From 16th January 2019, an additional exception will be accepted where the customer is in receipt of the Severe Disability Premium (SDP) as part of their legacy benefit. - input House hold note II87
- take no further action.
Step 8
- action the verification failure
- if the VF is a rule 12 because the customer has advised they live or work in RoW do not amend the claim
- take no further action
Note: if one customer is out of the country at the date of claim reject the claim.
Step 9
- issue form TC664 (Pre award) to ask customer
Note: You may need to include additional questions.- the current address of the customer who have said they do not normally live in the UK
- if they live outside the UK, how long is the absence for
- the date you/your partner left the UK
- if you work outside the UK, please confirm the address of your employer
- the date you/your partner started work
- BF case papers for 30 days
- select all the linked work list items for the claim you are working. For how to do this, use TCM1000004
- transfer all linked work items to the appropriate BF MU
- note the action you have taken and record the BF date on the manual file
- take no further action.
Step 10
- reject claim
- follow guidance in TCM0070100.