Disability element of working tax credit

daisyrose59

Thanks for all these comments - I'm still a bit confused though!
It seems from what has been said that the original claim for the disability element is valid because of being in receipt of IB/ESA for 28 weeks before the claim. Then the renewal claim continues to include the disability element because of the entitlement to it in the 8 weeks before the renewal (ie the previous tax year), which in turn was based on the prior IB/ESA. It seems a circular argument to me!
However, if that's all it takes to stay on it, that's the answer to my query.
Any other comments are still welcome, if anyone can shed further light on the question. I'd value comments from people who have actual experience of claiming the disability element, as theory and practice don't always agree. Thanks!

Robbie64

daisyrose59 wrote: »

Thanks for all these comments - I'm still a bit confused though!
It seems from what has been said that the original claim for the disability element is valid because of being in receipt of IB/ESA for 28 weeks before the claim. Then the renewal claim continues to include the disability element because of the entitlement to it in the 8 weeks before the renewal (ie the previous tax year), which in turn was based on the prior IB/ESA. It seems a circular argument to me!
However, if that's all it takes to stay on it, that's the answer to my query.
Any other comments are still welcome, if anyone can shed further light on the question. I'd value comments from people who have actual experience of claiming the disability element, as theory and practice don't always agree. Thanks!

It may sound circular, but it's not. The intention of the specific part of the regulation I mentioned is to allow entitlement to the disability element to continue beyond the initial qualifying award (which would be based on, for example receipt of Incapacity Benefit in the previous 182 days).

Without this specific regulation a person would otherwise have to keep going on back onto a qualifying benefit every so often to get a new award of disability element.

Hammyman

DX2 wrote: »

Please read ^^^^^^

I don't need to. I have first hand experience. The end.

jonnyboy82

hammyman your so wrong.....i have first hand experience

Robbie64

jonnyboy82 wrote: »

hammyman your so wrong.....i have first hand experience

Perhaps your assessment was wrong? I'm assuming you mean that you need to have been in recent receipt of a qualifying benefit to receive the disability element.

Receipt of the disability element is a qualifying "benefit" in its own right for continuing to receive the disability element on a WTC renewal so long as the other conditions (working 16 hours and having a disability that places you at a disadvantage) are still met.

Tara100

Last week I was informed by staff at 'Pathways' that regarding the disability element for tax credit renewals, you have to supply evidence from your GP or specialist.
Whether this is correct or not, I can't say, as we are all infallible

Robbie64

Tara100 wrote: »

Last week I was informed by staff at 'Pathways' that for tax credit renewals, you have to supply evidence from your GP or specialist. Whether this is correct or not, I can't say as we are all infallible

It can be necessary to prove that you still have a disability that puts you at a disadvantage in the work place.
This is an important element of receiving WTC for working 16+ hours rather than 30+ hours.

Murgatroyd21

As Robbie64 has stated already, quite well I'd like to add, once you qualify for WTC, for the purposes of renewal, by still having the disability, by not having had a break in employment therefore ending your wtc entitlement with disability, the previous year entitlement to disability entitlement acts as a qualifying factor for ongoing entitlement.

See http://www.hmrc.gov.uk/manuals/tctmanual/TCTM02510.htm case G as said above, which couldn't be any clearer.

daisyrose59

Murgatroyd21 wrote: »

As Robbie64 has stated already, quite well I'd like to add, once you qualify for WTC, for the purposes of renewal, by still having the disability, by not having had a break in employment therefore ending your wtc entitlement with disability, the previous year entitlement to disability entitlement acts as a qualifying factor for ongoing entitlement.



Thank you for explaining it so clearly, and for the helpful link. I wish the renewal form/notes explained it so well, then I wouldn't have been so confused!:rotfl:

kurjam

DX2 wrote: »

You need to have DLA IB etc etc to get the disabled element of tax credits.

this is not true you dont have to be getting a benefit ..