Really worried about tax credit disability element after speaking to Tax credit team

loulou123

On saturday i received a letter from the tax credit compliance team (as i believe have lots of others from reading this forum.)

I called them this morning and they told me that i may no longer qualify for the disability element. Im now really worried as this is the only way i qualify for TC at all (as only work 16 hours a week-due to illness) and im terrifed that if i dont qualify i will have to pay them back all the payments from this year.

They went through the conditions with me-

Condition 1 - that you work 16 hours a week or more which i do.

Condition 2 - You have a disability that puts you at a disadvantage of getting a job - which i do, i am on daily meds, see my doctor regulary and also a specialist. This i can easily proof if necessary.

Condition 3 - You have recently received/are receiving a disability related benefit.

This is the one they are saying that i may no longer qualify for. As i came off incapacity benefit in April last year when i started work.

BUT the information they sent me states that i meet this condition if- you were entitled to the disability element of WTC in the last eight weeks (which as far as i can see i was) and this entitlement existed because you previously satisfied description 2 below, which is receiving incapacity benefit.

But they are saying that i received the incapacity benefit too long ago now to qualify. Im so confused and really worried about this.

Sorry for the really long post, but can anyone help me figure this out?

bigbill

If this government wanted to save money this department should be shut.

They have some numpties working there.

They can only stop your on-going WTC with the disability part if you failed the disadvantage part.

Horace

I thought that you had to be in receipt of DLA to get the disability bit of WTC? I am disabled but cannot claim DLA and therefore cannot get the disability element of WTC.

kurjam

i think they have changed some of the rules... if you came of incapacity benefit in last year april 2009, you wont qualify..... as it states you had to be recieving incapacity benefit within the last 6 months..... thats why they are saying you recieved it to long ago....
http://www.hmrc.gov.uk/taxcredits/tc956.pdf

loulou123

Am still confused

Kurjam - this is from the link you posted:

Condition 3

You will meet this condition if at least one of the following

four descriptions applies to you, or if:
• you were entitled to the disability element of Working
Tax Credit within the last eight weeks, and

• this entitlement existed because you satisfied description

2 below or descriptions 3 or 4 on pages 5 and 6.

The bit i've underlined is right, i have been receiving the tax credits disability premium over the last 8 weeks (received it every week since i started work)

And description 2 i satisfied when i 1st got working tax credits, (the wording implies to me that i will continue to get it, as i was previously on income support - the use of the word "existed" rather than "exists")

so does that mean that after 6 months no one can get the disability element?

Still waiting for the compliance officer to get back to me in the meantime.

[Deleted User]

Those which claimed due to being on IB would not get the disability element after 6 months but those people who continue or start to get DLA would.

kurjam

loulou123 it also states as well as the you were entitled to the disability element of Working
Tax Credit within the last eight weeks,
you have had to be recieving ib in the last 6 months or for at least 1 day in the last 6 months... so i dont think you would qualify.
let us know how you get on....

loulou123

I will let you know about there final desicion. Still not heard anything back, but the plot thickened today when i received my NHS excemptions card for rest of this year and next (which i receive due to the fact i get the disability element.)

Could understand if the people i spoke to had just said "no sorry after 6 months your not entitled," but all they could say was that they werent sure either and they would look into it.

loulou123

Also just found this on the HMRC website:

Reg. 9(8) Case G

Where a person was entitled for at least one day in the preceding 56 days to the disability element of WTC or Disabled Person’s Tax Credit by satisfying cases A,B,E, or F at some earlier time, then he shall be treated as still satisfying those conditions.



For example
Mrs Jones has a disability that puts her at a disadvantage in getting a job. She received long term incapacity benefit until it ended on 2 April 2007. On 30 September 2007 she started working 16 hours per week and made a new claim for WTC including the disability element. Even though Mrs Jones was no longer receiving long term Incapacity Benefit she satisfied the qualifying benefit test because she received long term Incapacity Benefit for at least one day in the 182 days prior to making her claim (Case A). Mrs Jones was therefore entitled to the disability element of WTC for 2007/2008. When Mrs Jones made her renewal claim for 2008/2009 she still had one of the disabilities that put her at a disadvantage in getting a job and she was still working at least 16 hours per week. Mrs Jones satisfied the qualifying benefit test because she received the disability element of WTC for at least one day in the last 56 days (Case G). Mrs Jones was therefore entitled to the disability element of WTC for 2008/2009.

kurjam

LOULOU123 could this be old info ?? can you post me the link to where you found the info......thank you

Icequeen99

LouLou123

The information you have posted from the guidance is absolutely correct.
The helpline staff often get this wrong.

You should ring them and quote the guidance and regulations.

As you long as you have had the disability element of WTC in the last 56 days and qualified originally by way of IB, you are still entitled to receive it (providing of course you meet the other requirements like the 16hrs + disadvantage at work test).

If they refuse to change it, you must submit a written appeal within 30 days of getting your award notice.

If you need any help, contact CAB or another advice agency.

IQ