Backdating WTC for MORE than three months as partner has a disability

DEBTMONKEY1A

Hi all,

Not been on for a while! A question about backdating WTC MORE than 3 months...partner has a disability & is in receipt of middle rate care of DLA & works more than 16 hours..so ticks all the right boxes for the disability element of WTC.

Her benefits advisor has said to ask for the claim to be backdated MORE than the standard three months (back to date of claim-3rd w/k april) as she has a disability & was in receipt of ESA at the time. Now from looking at the web it seems that you have to put this claim in WITHIN 3 MONTHS of being notified of your DLA (we were notified end July).

Obviously with her condition we did not have a lot of time to look at everything, ruels etc so we are obviously over the 3 months...however we do need the money as during the first few months friends/family helped us out so we really could do with the money now!

Does anyone know of the IR will even consider a claim as we're more than 3 months from date we were notified of the claim?

Edit-Called them & they say they will consider it & the 'three month' thing would NOT 100% rule it out...it would be appealed....so if anyone has any further info/experiences?

Thanks in advance if anyone can advise.

DEBTMONKEY1A

Any ideas anyone? Anyone else done this succesfully?

DX2

DEBTMONKEY1A wrote: »

Hi all,

Not been on for a while! A question about backdating WTC MORE than 3 months...partner has a disability & is in receipt of middle rate care of DLA & works more than 16 hours..so ticks all the right boxes for the disability element of WTC.

Her benefits advisor has said to ask for the claim to be backdated MORE than the standard three months (back to date of claim-3rd w/k april) as she has a disability & was in receipt of ESA at the time. Now from looking at the web it seems that you have to put this claim in WITHIN 3 MONTHS of being notified of your DLA (we were notified end July).

Obviously with her condition we did not have a lot of time to look at everything, ruels etc so we are obviously over the 3 months...however we do need the money as during the first few months friends/family helped us out so we really could do with the money now!

Does anyone know of the IR will even consider a claim as we're more than 3 months from date we were notified of the claim?

Edit-Called them & they say they will consider it & the 'three month' thing would NOT 100% rule it out...it would be appealed....so if anyone has any further info/experiences?

Thanks in advance if anyone can advise.

If she was on ESA then she wouldn't be entitled to WTC, when did she start working?

happymumto2

DX2 wrote: »

If she was on ESA then she wouldn't be entitled to WTC, when did she start working?

I am on contribution based ESA and have just been awarded WTC, I am currently on long term sick although still classed as employed. Have they made a mistake? As I don't want to end up with an overpayment at the end of the year. I get about £33 extra per week now, so would amount to a big overpayment by April.

DX2

Just found this :think: I just assumed when people were getting ESA they were too sick/disabled to work.

[FONT=Arial, Helvetica, sans-serif]The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008, SI 2008 No.2428[/FONT] [FONT=Arial, Helvetica, sans-serif]http://www.opsi.gov.uk/si/si2008/uksi_20081879_en_1[/FONT]
[FONT=Arial, Helvetica, sans-serif]These regulations come into force on 27 October. They make the following important changes:[/FONT]

• [FONT=Arial, Helvetica, sans-serif]The introduction of employment and support allowance: the changes reverse the previous provision that ESA was, regarding new claims, to replace income support for disabled workers (ie those with earnings or hours worked reduced to 75 per cent or less of that for a person without disability in a comparable job). The effect is that disabled workers who have not claimed and become entitled to ESA will be able to claim income support.[/FONT]
• [FONT=Arial, Helvetica, sans-serif]Treated as not having limited capability for work: the changes clarify that (in addition to existing rules) someone who is (or has been) a member of the armed forces is treated as not having limited capability for work for any day on which is a day of sickness absence from duty. Also, a claimant is similarly treated for any day on which they attend an official training course and receive a training allowance or premium, unless the ESA claim is for a period beginning after they stopped attending the training course, or where the training allowance or premium was solely for travelling or meal expenses.[/FONT]
• [FONT=Arial, Helvetica, sans-serif]Waiting days: in addition to existing exclusions, waiting days do not apply where entitlement to ESA would begin within 12 weeks of entitlement to maternity allowance coming to an end. Also, they do not apply where one member of a couple has already served their waiting days and gives up their claim for income-related ESA so that the other can be entitled.[/FONT]
• [FONT=Arial, Helvetica, sans-serif]Income and capital: it remains the case that the rules regarding income-related ESA are similar to those that apply to IS. The changes provide that concessionary payments for non-payment of income-related ESA or income-based jobseeker’s allowance will be ignored as income, but not those regarding non payment of the contributory forms of those benefits. Also, the ESA income rules on child maintenance are aligned with income support, so that all payments of child maintenance are treated in the same way (whoever pays them) and all forms of child maintenance attract a disregard of £20 per week.[/FONT]
• [FONT=Arial, Helvetica, sans-serif]Work you may do while claiming: rules provide that in general a claimant cannot work and be entitled to ESA at the same time, although some work may be undertaken, in particular ‘permitted work’. The changes align the earnings limits in the permitted work rules so that those that apply to work under a treatment programme, supported permitted work and permitted work higher limit are the same in ESA as they are in IB, ie £92.00 a week. Also, the earnings threshold for work as a local councillor (above which reductions in contributory ESA are triggered) is aligned with that for IB, also £92.00 a week.[/FONT]

DEBTMONKEY1A

Hi..thanks for the replies...other 1./2 was working (although on sick pay) till 25 may (contract Sep-May)...I was also working but on Sick Pay so deffo entitled (although at the time with the stress of her illness-mental health-we were not aware)...have sent in letter recorded delivery so we'll se but just interested if anyone else had succeeded? According to their rules they can only consider backdating over 3 months if there is a disability element.

DX2

happymumto2 wrote: »

I am on contribution based ESA and have just been awarded WTC, I am currently on long term sick although still classed as employed. Have they made a mistake? As I don't want to end up with an overpayment at the end of the year. I get about £33 extra per week now, so would amount to a big overpayment by April.

People on a low income, working at least 16 (or 30 where appropriate) hours a week
immediately before their SSP starts, may qualify for working tax credit (WTC), because they are treated as still being in remunerative work during any period that they are being paid SSP.

If you have been getting SSP for 20 weeks you may be able to get WTC as a disabled worker via a fast track route if you have a disability likely to last at least six months from the date of your claim and your earnings have dropped by at least 20% or £15 per week, whichever is greater.

SSP is treated as income for tax credit purposes and you can inform the tax credit helpline of any change in your anticipated annual income. They can then adjust your payments accordingly. However, if you do this and your income then rises during the course of the rest of the tax year, you will not be protected by the usual £25,000 disregard. You should therefore continue to notify the tax credits office of any change to try to avoid incurring an overpayment.

It is important to let the tax credits office know when your SSP stops because if you are still unable to work after the SSP stops you will no longer be entitled to WTC, unless you have a partner who is working at least 16 (or 30 where appropriate) hours a week.
You can contact the Tax Credits Helpline on: 0845 300 3900.
http://www.hertsdirect.org/infobase/docs/pdfstore/statsp.pdf

DX2

DEBTMONKEY1A wrote: »

Hi..thanks for the replies...other 1./2 was working (although on sick pay) till 25 may (contract Sep-May)...I was also working but on Sick Pay so deffo entitled (although at the time with the stress of her illness-mental health-we were not aware)...have sent in letter recorded delivery so we'll se but just interested if anyone else had succeeded? According to their rules they can only consider backdating over 3 months if there is a disability element.

Sorry trying to get to grips with your situation.
So your OH was on sick pay until 25th May 2009, she was also getting ESA from the 3rd week in April and because of this she is entitled to claim WTC (am I correct so far lol) So we are now in December and you are trying to reclaim WTC from April?

happymumto2

DX2 wrote: »

People on a low income, working at least 16 (or 30 where appropriate) hours a week

immediately before their SSP starts, may qualify for working tax credit (WTC), because they are treated as still being in remunerative work during any period that they are being paid SSP.

If you have been getting SSP for 20 weeks you may be able to get WTC as a disabled worker via a fast track route if you have a disability likely to last at least six months from the date of your claim and your earnings have dropped by at least 20% or £15 per week, whichever is greater.

SSP is treated as income for tax credit purposes and you can inform the tax credit helpline of any change in your anticipated annual income. They can then adjust your payments accordingly. However, if you do this and your income then rises during the course of the rest of the tax year, you will not be protected by the usual £25,000 disregard. You should therefore continue to notify the tax credits office of any change to try to avoid incurring an overpayment.

It is important to let the tax credits office know when your SSP stops because if you are still unable to work after the SSP stops you will no longer be entitled to WTC, unless you have a partner who is working at least 16 (or 30 where appropriate) hours a week.
You can contact the Tax Credits Helpline on: 0845 300 3900.

http://www.hertsdirect.org/infobase/docs/pdfstore/statsp.pdf

Thanks for that.


I think I will put the extra money into another account, as I think they have made an error. I have informed them that my SSP stopped on 30/09/09, I received no extra tax credits during the time I received SSP. Went onto ESA first week October and get half pay from my employer, so it seems unlikely that I am entitled to the WTC element I have now been given.

DX2

happymumto2 wrote: »

Thanks for that.


I think I will put the extra money into another account, as I think they have made an error. I have informed them that my SSP stopped on 30/09/09, I received no extra tax credits during the time I received SSP. Went onto ESA first week October and get half pay from my employer, so it seems unlikely that I am entitled to the WTC element I have now been given.

Hopefully a tax credit bod will be along today/tonight to help. I personally never knew you could claim ESA, SSP and WTC at the same time this is all new to me, so there could well be a high possibility of me being wrong.

DEBTMONKEY1A

DX2, Sorry...she put in her DLA claim third week of April...ESA not claimed till contract ended 25 May. yes-seems a long time to want to claim back to-they already have backdated it to the standard 3 months but as she is disabled (she HATES that description!) you can ask for it to be backdated MORE than 3 months....