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News
Changes to child tax credit backdating
New rules have been introduced that will make it easier for families to get full backdating of additional tax credits when a child is awarded disability living allowance (DLA) for the first time or has an existing award increased to include the highest rate of the care component.
The disability element for a child is included in your maximum amount of child tax credit (CTC) if you are responsible for a child who gets any rate of either component of DLA with a further severe disability element included if the child is awarded highest rate care component. These are currently worth just over £50 and £20 per week respectively.
However the tax credit rules had required that for this amount to be backdated fully to the date from which DLA was awarded, a claimant had to notify the tax credit office both at the point the DLA claim was made and when a decision was known. Only telling the tax credit office after the DLA claim was decided would result in a maximum of three months backdating. Although some Revenue literature did explain this rule there was evidence that many claimants were not aware of it and so lost out on large amounts of tax credits as DLA claims and appeals can take very much longer than 3 months to be decided.
From April the rules are simpler: Although a claimant still has to notify the Revenue when an award of DLA is made to get any additional CTC, if that notification takes place within three months of getting the DLA decision the extra tax credits can be paid from the date DLA was awarded, regardless of how far back this goes. You can access the new rules in full here http://www.opsi.gov.uk/si/si2009/pdf/uksi_20090697_en.pdf
DLA higher rate mobility and blind people
The Government has announced that from April 2011 people with a severe visual impairment will be able to qualify for the higher rate of DLA mobility component. The vast majority of people with sight loss experience varying levels of mobility difficulties and may receive the lower rate of the mobility component. However, currently the higher rate can only be paid to blind people who are also unable to walk, virtually unable to walk, deafblind or are severely mentally impaired.
The exact definition of severe visual impairment to be used in the new rules has yet to be decided but it is expected that it will involve a combination of visual acuity and field of vision. The change which is estimated to increase the awards of 26,000 people – among them a significant number of children- has come about as a result of campaigning by RNIB.
Family Fund eligibility for 16 and 17 year olds
The Family Fund helps low income families with severely disabled children
by giving grants for things that make life easier and more enjoyable for the disabled child and their family, such as washing machines, driving lessons, hospital visiting costs, computers and holidays. From April the age limit for applications to the fund has increased and now includes severely disabled children aged 16 and 17 and the Fund is keen for applications that will reflect the particular needs of a young person between these ages. The upper earnings limit for the family is £25,000 per annum. For more information on eligibility and applications visit: www.familyfund.org.uk
Lone parents and JSA in the school holidays
Recent changes to entitlement to income support (IS) have meant that those who are in receipt of IS solely because they are lone parents will no longer be entitled if their youngest child is aged 12 or over. In October the relevant age of the youngest child will drop to 10 and then to 7 from October 2010. There are exemptions for lone parents with a disabled child but these do not apply if the child is entitled to DLA lowest rate care component or only a mobility component. Lone parents in this situation now have to be available for work and claim jobseekers allowance (JSA). The DWP has estimated that this may apply to around 6,000 families. However with the school holidays approaching it is worth being aware that changes to the JSA rules mean that during the holidays lone parents do not have to be available for work if they are looking after a child of less than 16 and it would be unreasonable for them to make other arrangements for the care of the child. Other concessions reflecting the responsibilities of being a lone parent out with school holidays - including that the availability of appropriate and affordable childcare will have to be considered by Jobcentre Plus staff when deciding whether a lone parent is able to look for, take up or leave a job have also been included in the amendments to the JSA regulations. For more information visit: http://www.opsi.gov.uk/si/si2008/pdf/uksi_20083051_en.pdf
CPAG would be interested to hear of any problems advisers come across in the implementation of either of these changes to the regulations.
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