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WTC backpayment after success at DLA tribunal
- M101
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11 years 11 months ago - 11 years 11 months ago #104968 by M101
WTC backpayment after success at DLA tribunal was created by M101
I have received DLA care at the highest rate since 2004, and some WTC with the severe disability supplement since 2009. On renewal of DLA in October 2011 the award was reduced to the middle rate and WTC contacted me to remove the severe disability supplement.
I successfully appealed the DWP decision at tribunal last week (the information and advice on this website was very helpful in preparing for the tribunal). I would like to know what happens about the severe disability supplement to WTC. Can I claim the severe disability supplement owing back to Novemeber 2011, or can I only go back a month like in a new application? Finally will I have to contact WTC or will they get the details of the change in DLA award as they did in 2011?
I successfully appealed the DWP decision at tribunal last week (the information and advice on this website was very helpful in preparing for the tribunal). I would like to know what happens about the severe disability supplement to WTC. Can I claim the severe disability supplement owing back to Novemeber 2011, or can I only go back a month like in a new application? Finally will I have to contact WTC or will they get the details of the change in DLA award as they did in 2011?
Last edit: 11 years 11 months ago by Gordon.
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11 years 11 months ago - 11 years 11 months ago #104969 by Gordon
We do not advise on WTC's but I can comment on the Tribunal result.
The Tribunal re-makes the Decision that you appealed and their Decision applies from that date so in principle I would expect your WTC's to be re-instated and backdated, however, it is still possible that the rules for WTC may prevent this.
You need to contact HMRC about the matter as they are unlikely to be aware of the Tribunal Decision and go from there.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WTC backpayment after success at DLA tribunal
M101 wrote: I have received DLA care at the highest rate since 2004, and some WTC with the severe disability supplement since 2009. On renewal of DLA in October 2011 the award was reduced to the middle rate and WTC contacted me to remove the severe disability supplement.
I successfully appealed the DWP decision at tribunal last week (the information and advice on this website was very helpful in preparing for the tribunal). I would like to know what happens about the severe disability supplement to WTC. Can I claim the severe disability supplement owing back to Novemeber 2011, or can I only go back a month like in a new application? Finally will I have to contact WTC or will they get the details of the change in DLA award as they did in 2011?
We do not advise on WTC's but I can comment on the Tribunal result.
The Tribunal re-makes the Decision that you appealed and their Decision applies from that date so in principle I would expect your WTC's to be re-instated and backdated, however, it is still possible that the rules for WTC may prevent this.
You need to contact HMRC about the matter as they are unlikely to be aware of the Tribunal Decision and go from there.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by Gordon.
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