Disability element of working tax credit

Lucilu

Hi bit similar problem and I hope I can have some help. I have been in recipt off tax credit disabled element since 2002 due to the disadvantaged rules i cannot sustain an 8 hour working day or 5 day working week. I suffer from Chronic Fatigue Syndrome and other problems. I did apply for DLA in 2002 but was refused as i could put my socks on, when i was tested. This was ok with me as i wanted to work. I have tried to get a copy of the claim and reports but it has now been destroyed. A very helpful person at the time (on the tax credit helpline) told me I could apply for the disability element due to the disadvantaged rules. I have worked 16 hours a week part year, since 2002. I cannot work longer than a 6 week stretch then i need to be off. I have recently made my way up to 23 hours per week. I have now (December 2010) been told that i must have DLA to have this award, and that I may need to pay back all these years. I have posted the information to the tax credit office regarding the disadvantaged rules but this has fallen on deaf ears. Can anyone help i need all the information i can to go back to the revenue with this. They are asking me to pay back everything since 2002 ....STRESSED ....

hollyrobs

Exactly the same thing has happened to my husband this morning. He has M.E. and qualified for the disability element about 5 years ago when he returned to work after being on income support, (he is not claiming DLA). His disability has not changed, yet this morning he was informed our tax credits will stop immediatly and this will be backdated to April 2009 with an overpayment of £4000. I phoned the helpline and was told that it would have to go to appeal because a decision was made by a different department and that I couldn't even speak to them because 'she' didn't have access to their number.
She sought advice from her supervisor and she relayed that they 'thought' because he had met the three conditions on his initial application that was okay.....and they couldn't find any time limits of how long they accepted condition 3 (i.e.income support, with a disability premium)!!! So I'm none the wiser....someone has made a decision without a medical, who I can't speak to and I can't find out the rules, so when I do appeal I am put at a disadvantage.

lionatheart

Hammyman wrote: »

Yes you still qualify because you can only work a limited number of hours and are limited in the type of work you can do.

Hi hammyman.
I am a new member and just recently came across your informative and positive post. i have recently applied for disability element of WTC and first they asked to get dla to get DE of WTc. but when i told them that dla is not requirement and i am getting occupational sick pay they relented and asked me to send the proof that i am receiving OSP, which i am going to send them soon. but i still need some concrete assurance that i qualify for that and this whole trouble is worth something. recently on this forum somebody said that i do not qualify which i don't believe. i hope you might be of some help to clear my doubts and put my mind to rest.
thanking in advance.