Disability element of tax credits

coco1277_2

Hi , I am after any advice you could offer please as been misinformed I think .
I applied for DLA for my 9 year old son and was awarded middle rate care and low mobility on 08/09/11 . I was advised by DWP to advise tax credits office as I would receive the disability elemement of child tax credit for my son . I advised tax credits office on 31st oct and was advised it will be added to my claim and I should hear in a few days.
Today I have received a letter from tax credits office stating in order to receive the disability element of tax credits your child must be receiving the higher care componant of DLA . We therefore have not amended our records to include DLA.

Have the rules changed regarding the disability element of tax credits as i was advised by DWP to apply ?

Thanks for reading

amus

Yes thats correct. Only higher rate care qualifies you for the disability premium.

http://www.hmrc.gov.uk/forms/tc600-notes.pdf

coco1277_2

Thanks amus , I have read that and it states

If your child has a disability you may get extra Child Tax Credit – we call this extra
amount the child disability element. We may pay this if:
• you get Disability Living Allowance for your child, or
• your child is registered blind, or has been taken off the blind register in the
last 28 weeks.
If you get the Highest Rate Care Component of Disability Living Allowance for

your child, we may pay the severe disability element of tax credits


So it states if your child has a disability you may get extra child tax credits if you get disability living allowance for your child ( which we do )

I didnt ask for the severe disability premium which states you have to receive higher rate care ?

kerryallc71

hi , there are 2 elements to disabled child element ... please see below .


child Tax Credit - £ per year (unless stated)
Rates and Thresholds ....................April 2011
Child Tax Credit Family element....... £545
Family element, baby addition ........ withdrawn
Child element.............................. £2,555
Disabled child element.............. £2,800
Severely disabled child element...... £1,130

hope this helps ... if your child is disabled but not claiming high rate care your child just gets £2'800 , But if they are claiming high rate care you will also get £1'130 on top of the £2'800 .

if I were you I would ring child tax credits and see why they won't let you have the child's disability element .

hope this helps .. see you from Kerry .

coco1277_2

Thanks Kerry , Yes thats how I have read it , as i say i am not trying to claim the severe disability element just the disabled child element which it states my son would be entitled to this is why I am confused

saidan

coco - my boy gets middle care dla, and we automatically received a dsability element in our tax credits.

hth, saidan

salau2

OP, there are two disability elements for child tax credits:
1 – The disability element where the child is awarded any rate of DLA
2 – The severe disability element where the child is awarded Higher Rate Care DLA.
Telephone Tax Credits and ask them if the disability element has been added to the child tax credits claim. If not state that is should be as your child has been awarded DLA. Tax credits should be backdated to reflect this. You should appeal the decision if the HMRC do not award you the disability element, appeal in writing using this form hmrc.gov.uk/leaflets/wtc_ap.pdf You have 30 days to appeal. You need to state in the appeal box why you are appealing i.e.:

I am appealing the child tax credit decision dated xx/yy/zzzz as my child x has been awarded Disability Living Allowance (state rates) from xx/yy/zzzz. Therefore, as per the HMRC Child Tax Credits regulations I am entitled to the Disability Element and this should be added to my child tax credit applicable amount. Please revise your decision and respond promptly.

coco1277_2

salau2 wrote: »

OP, there are two disability elements for child tax credits:
1 – The disability element where the child is awarded any rate of DLA
2 – The severe disability element where the child is awarded Higher Rate Care DLA.
Telephone Tax Credits and ask them if the disability element has been added to the child tax credits claim. If not state that is should be as your child has been awarded DLA. Tax credits should be backdated to reflect this. You should appeal the decision if the HMRC do not award you the disability element, appeal in writing using this form hmrc.gov.uk/leaflets/wtc_ap.pdf You have 30 days to appeal. You need to state in the appeal box why you are appealing i.e.:

I am appealing the child tax credit decision dated xx/yy/zzzz as my child x has been awarded Disability Living Allowance (state rates) from xx/yy/zzzz. Therefore, as per the HMRC Child Tax Credits regulations I am entitled to the Disability Element and this should be added to my child tax credit applicable amount. Please revise your decision and respond promptly.

Thank you very much , will get onto them asap.:)

salau2

Don't forget whenever sending an appeal make a copy and send it via recorded delivery. If you speak with HMRC note the date, time and who you spoke to.

shackalak

Our 11 year old son has been diabetic since he was 2. We did originally receive the higher rate care component when he was younger but as he got a bit older and he was able to start doing his own injections, this was reduced to the middle rate care component. I notified tax credits and they updated the details but we still do receive a disability element. I would definitely send in an appeal.

Don't forget to apply for Carer's Allowance too if you are eligible. DLA is a 'gateway benefit' for Carer's Allowance and is currently £55.55 per week.

rainbow81

Hi

My son also receives middle rate care and lower rate mobility DLA and I receive the disability element with the child tax credits. Unless the rules have changed recently (I can't keep up!) it looks like someone's made a mistake.

RB