Disability element of working tax credit

jewelly

I am supporting someone in applying for WTC as he is on a low income. He will be entitled to about £16 per week. I am just wondering if he could get the disability element too. The trouble is he is someone who has always slipped through the net and has never been diagnosed.

One of his disabilities (as I would call it) is that he has hand tremors which are so severe that he would be unable to work where writing was required, so this limits his choices of work. He cannot use sharp knives for safety reasons either.

Besides that, he has a very poor memory, is very disorganised, and seems unable to learn basic living skills. He will struggle to live independently because of this without a great deal of support. Because he has no diagnosis (I think his family are in denial), he is not eligible for extra help/benefits. I do feel there is some kind of learning difficulty present.

Would he need support for claiming the disability element of WTC from a medical professional to be entitled?

I have talked to him about this problem (it's the first time anyone has even though he is now in his 40's), and he is willing to ask the GP for some kind of assessment - if such a thing is available. But this will take some time to get any result and we would like to send off the WTC claim form next week if possible.

Any advice from anyone on any aspect?

Indie_Kid

http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/you-have-disability.htm may help your friend.

jewelly

sh1305 wrote: »

http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/you-have-disability.htm may help your friend.

Thanks. I've had a look and it seems he will have to be getting another disability benefit to quality. So I guess he will need a diagnosis. Poor bloke has never realised he is not the same as anyone else. Won't do much for his self confidence.

sunnyone

jewelly wrote: »

Thanks. I've had a look and it seems he will have to be getting another disability benefit to quality. So I guess he will need a diagnosis. Poor bloke has never realised he is not the same as anyone else. Won't do much for his self confidence.

diagnosis dosnt equal disability benefit.

jewelly

It looks as if he'll need to be receiving DLA (or another qualifying disability benefit) to qualify which I don't think he is entitled to as he does not need help with any personal care.

dmg24

You do not need to be in receipt of a disability benefit to qualify for the disability element of WTC. However you will need medical evidence of the condition. It is explained on the link above.

atrixblue.-MFR-.

dmg24 wrote: »

You do not need to be in receipt of a disability benefit to qualify for the disability element of WTC. However you will need medical evidence of the condition. It is explained on the link above.

i was receipt of D.E.WTC i am not on dla as of yet have applied just a wait now. i phoned them and told them the condition i had and they said if i was entitled to it it will be in my new award notice and it was. i have a huge medical file well 'files' at my gp surgery and in hospital so can prove the illness, if i were you i would contact hmrc explain that it is undiagnosed at present time and i would also claim DLA you can ask CAB to help fill in the form with your friend. you can also download a form from the direct gov site to fill in on your computer, dont worry that it goes over any time limits if you request the forms to be posted (theyre date stamped) the DLA are happy to accept them and the money will be back dated to the date they recieved the form.

keep a diary of day to day struggle's this will help you and the person from cab fill in the forms get a better idea of day to day struggle for how long in each catagory so the forms dont look dawnting and you struggle for answers, you can also write your own charactor witness statement for your friend on how his condition affects his abilities to do basic day to day things like washing, prepareing a cooked meal for him/herself, getting about outdoors e.t.c

and keep all originals of all statements, have them verified authntic seen stamped and signed by the JCP and send copies or ask them to fax if they fax the copies get a receipt for the time and date of faxing also so dla dont claim the never had them its just to cover you at your end as you can prove you sent the forms docs e.t.c.

DLA is not based on a diagnosis of a condition but on levels of disability's physical or mental and care that a condition dignosed or not has on an individual.

when filling the forms out its better to disregard haveing to pin it down to a condition and just concerntrate on what his/her symptom restrict him/her to do.

Indie_Kid

atrixblue.-MFR-. wrote: »

i were you i would contact hmrc explain that it is undiagnosed at present time

Surely that's irrelevant any way? You just have to prove that you are at a disadvantage for working.

jewelly

I have read the guidance notes several times and he meets conditions 1 and 2. But you also have to meet condition 3 which says:-

Condition 3
You have evidence that you are receiving, or have recently
received, a qualifying sickness or disability-related benefit.

I might ring them, as suggested. I'm not sure if he would qualify for DLA. I would just like him to be able to get the disability element of WTC at this stage. He is at a disadvantage though in my opinion.

atrixblue.-MFR-.

sh1305 wrote: »

Surely that's irrelevant any way? You just have to prove that you are at a disadvantage for working.

irellevent no, they can note it on the system so if denied at present when diagnosed can be back dated to 3 months prior, also if op has been recieving E.G income support, in the recent past with dissability premium then would be entitled to D.E W.T.C,

jewelly

atrixblue.-MFR-. wrote: »

irellevent no, they can note it on the system so if denied at present when diagnosed can be back dated to 3 months prior, also if op has been recieving E.G income support, in the recent past with dissability premium then would be entitled to D.E W.T.C,

Thanks for that info. Worth knowing (about the possibility of back dating).