The claim for tax credits is treated as being made on the date she claimed asylum (12th May 2008).Zabia claimed asylum as a refugee on 28th September 2008 and was granted refugee status on 10th April 2012.
She is not required to tell HMRC in April 2012 when she applies for DLA.
How to claim backdating Most awards of working tax credit (WTC) and child tax credit (CTC) are backdated automatically.
Backdating more than 31 days/1 month There are two situations in which it is possible to get backdating of more than 31days/1 month: Refugee status If a person has claimed asylum as a refugee and is then awarded refugee status, providing they apply for tax credits within one month of receiving notification of that refugee status, they will be treated as if they made their tax credits claim from the original date they claimed asylum.
Prior to 6 April 2012, refugees had 3 months from being awarded refugee status to inform HMRC and receive longer backdating.
Unfortunately the disability living allowance decision takes 6 months and Amy does not receive notification of her higher rate mobility award until October 2007.
Providing that Sandra notified HMRC that she claimed Disability Living Allowance in April 2008, and again notified them within three months of the award in October 2008, Sandra will receive backdating of the Disability element to April 2008.
However if Sandra failed to notify HMRC that she had applied for Disability Living Allowance for Amy in April 2008, she would only be able to claim three months backdating from October 2008.
If Sandra applies for Disability Living Allowance for Amy in April 2012, and it is not awarded until October 2012, providing Sandra tells HMRC of the award of DLA within 1 month she will receive backdating of the disability element to April 2012.
Providing they then notified HMRC within 93 days of the award of that qualifying benefit, backdating should have been given to the date from which the disability benefit was awarded or from the date of claim whichever was the later.