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

Icequeen99

kurjam wrote: »

my plot thickens as well, i last claimed incapacity benefit dec 2008, i started working 16hours a week and i am a disadvantage of a job because i cannot stand for long periods, can not lift......etc..... as my above posts says they stopped my disability element and said i had to pay all last years overpayment, which i disputed....
then today get a payment i was not expecting and i have now been told i am entitled to the disability element an no overpayment is due anymore... i am now worried incase they have got this wrong..

would i still qualify the same as loulou123 should do ??'

Yes, providing you qualified originally via Case A (you received IB on one day in the last 182 days prior to claiming WTC) and you passed th disadvantage test+ worked 16 hours. Your ongoing entitlement would, as with the OP, be via Case G in the regulations. So because you have had WTC with the disability element included in the last 56 days you would be fine.

The only time you will lose it would be if you say fell to 10hrs per week work and lost WTC, then after say 6 months went back to 16 hrs. Because the gap is more than 56 days you wouldn't qualify for the disability element when you went back to 16hrs.

If you are worried, you should pop along to CAB or similar or search the internet for an advice agency who can give tax credit advice. Voluntary sector advice will be free of charge, so there is no harm in getting peace of mind that your claim is now correct.

IQ

kurjam

what happens if my job does end next week, will i still qualify if i get a new job ?

Icequeen99

kurjam wrote: »

what happens if my job does end next week, will i still qualify if i get a new job ?

Difficult to say without knowing your full circumstances (e.g. are you single or part of a couple?)

If you are single, then providing the gap between jobs is for no more than 7 days your current Working Tax Credit claim will continue.

if it is more than 7 days, your claim will end (although you will get something called a 4 week run-on) and you will have to reapply when you start your new job.

If the gap between the two jobs is less than 56 days, and you got the disability element of WTC on your last claim, then when you apply again with the new job you should continue to get it under Case G rules mentioned above. If the gap is more then you won't continue to get the disability element in your new claim.

As I said before, pop along to CAB or another advice agency and they can check all of this so you can be sure.

IQ

kurjam

now got a letter they want to check if i qualify again . . .

punkgirlyuk

Just wondering if there is an update from OP about this? I have just recieved a letter asking me for proof of my benefits which entitle me for disability element. I was on higher rate IB for over a year, ending July 2009.

KrazyKel

I had same letter (well my mum did) recently.
We stuggled to work out if she was entitled or not too!

Years ago 2003 ish she was on long term incapacity, she then started working part time and got WTC with Disability, she got the WTC as was recently on Incapacity and have renewed every year since
and now was worried if she should still get it, but think she does as I dont think she is capable of full time (espesh now as on sick leave, but does hope to go back once meds kick in)

She is finally getting ongoing treatment now too which hope will help!