at pre-award status and no decision has been made on the claim
as a result of an operator error - for example, the same claim has been captured twice
or
when at post-award status and no award or payments have been made for the following tax year (CY+1). A request can be made to prevent an award being made in the following tax year (CY+1), but the current year (CY) must continue.
Note: The claim cannot be withdrawn once a decision has been made and it has been awarded.
Note: For tax year 2010-2011 Nil Award cases were automatically withdrawn and customers had until 17 May 2011 (this is known as the deadline date) to cancel the withdrawal. For tax year 2011-2012 a new or a existing Nil Award will be automatically withdrawn and customers will have until 31 March 2012 (this is known as the deadline date) to cancel the withdrawal.
You don’t need to follow this guidance if
the claim has been awarded
the claim has been withdrawn.
Background
The Rule 12 pre-award residency verification failure MU is populated when the customer tells us on their tax credits claim form any combination of the following
they are subject to immigration control
they live outside the United Kingdom (UK)
they work outside the UK.
Different specialist teams will work the Rule 12 verification failure depending on the nationality of the customers and what caused the Rule 12 verification failure.
Note: for customers who are UK nationals follow the UK national route in this guidance.
TCM0307200 - Specialist areas: international: right to reside: right to reside - change of circumstances
You should check the other guidance available on GOV.UK from HMRC as Brexit updates to those pages are being prioritised before manuals.
Checklist
Before you follow this guidance make sure
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 and Access Process’, selecting ‘Roles & Access Catalogue’ from the Related links menu
you are in the correct MU. See TCM0322460 for the correct MU number
Where you are dealing with a returned TC664 from the customer check whether Article 59 applies.
When a claimant moves from one member state to live and/or work in another EU member state Article 59 of EC regulation 883/04 applies to ensure the smooth transition of the payment of family benefits (CTC and Child Benefit) from one member state to another.
Article 59 provides that where there has been a change in competency during a calendar month, the Member State which was paying family benefits at the start of the calendar month must continue to pay until the end of that month and the Member state in which the customer arrives will be competent from the start of the next month.
TCM0306300 - Specialist areas: international: pre-award: international - pre-award claims - EU nationals with no abroad involvement
You should check the other guidance available on GOV.UK from HMRC as Brexit updates to those pages are being prioritised before manuals.
Reasons not to follow this guidance
You do not need to follow this guidance where
you are dealing with a case that is ‘Award Issued’
the claim has some form of abroad involvement
at least one customer is not an EU national.
Checklist
you follow the guidance in TCM0306100
you will 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 and Access Process’, selecting ‘Roles & Access Catalogue’ from the Related links menu