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Disability element of tax credits

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  • rainbow81 wrote: »
    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


    A few people I know also receive the disability element , I have trawled through the internet incase the rules have changed but cant find anything apart from what I already know .
    Even on the HMRC website it states if you child receives DLA you will be entitled to the disability element , I am confused as to whats going on .
    Thanks to everyone for there replies and help :)
  • krisskross
    krisskross Posts: 7,677 Forumite
    Is there an income cut off for receiving this disability element of tax credits? My friend's daughter receives HRC and LRM DLA but she was told she wasn't entitled to the disability premiums.
  • I wont comment on whether it remains the same but when I received MIDDLE rate care for my Daughter I was awarded the disability premium in with my tax credits.

    My Daughters DLA ended just over 1 year ago so if it HAS changed to having to get HIGHER rate of Dla to be entitled to the disability premium it must have only happened in the past year?
    The loopy one has gone :j
  • salau2
    salau2 Posts: 123 Forumite
    The disability elements still exist as I stated above. The extra money is:


    £2,800 a year, that is around £53 a week, if your child is disabled (i.e. the child is awarded ANY rate DLA)


    £3,930 a year, that is around £75 a week, if your child is severely disabled (i.e. the child is awarded Higher Rate Care DLA)


    Regarding the cut off limits the disability elements add the above amounts to your tax credits applicable amount. So if you were already £3000 over for tax credits you still won't get anything if you are entitled to the disability element but you would if entitled to the severe disability element (£930 per year).


    30 days to appeal a tax credits decision if you disagree. In writing by recorded delivery with a copy taken. If your child is awarded DLA Middle or Higher Rate Care you may be entitled to carer's allowance (ca). CA is a taxable benefit so would count as income for tax credits. If already receiving IS, JSA(IB) or ESA-IR and are awarded ca then a carer premium will be added to your applicable amount. 1 month to appeal ca decision.
    Don't thank me, thank my post :T

    NOTE: Nothing on this board constitutes legal advice - always consult a professional about specific problems.
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 14 November 2011 at 9:29AM
    ive just rang the helpline to question my disability element and was told the only people to qualify for the £2800 level are those on benefits with £0 income.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • saidan
    saidan Posts: 308 Forumite
    i get almost no tax credits per year due to income - but our disabled child does recieve the £2800 per year for his disability.

    it is stated 'disability element' on the form...

    maybe the rules are being changed?
    Proud mum :T


  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    op have you contacted them ? i may ring again tomorrow and speak to someone else.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • CHRISSYG wrote: »
    op have you contacted them ? i may ring again tomorrow and speak to someone else.


    Hi ChrissyG , Sorry no I havent rang them yet , had a sickness bug so not felt upto it , did you call them back up ?
  • kerryallc71
    kerryallc71 Posts: 365 Forumite
    Part of the Furniture 100 Posts Combo Breaker Debt-free and Proud!
    edited 15 November 2011 at 1:02PM
    http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/children/disabled-child.htm - HMRC website link into child's disability element .

    http://www.disabilityalliance.org/f10.htm

    http://www.stca.co.uk/factsheet_personaltax_3.htm - look further down the page it will tell you more about income cut off and child's disability element .

    sounds like the staff at the tax credit offices don't know what there doing .. i would give them a call back ASAP , it may take a bit to get through .. but hopefully this time you will be able to talk to someone who knows more .
  • julie03
    julie03 Posts: 1,096 Forumite
    i would definately ring back , we was told by CAB, to make sure we claim the disability element and we only get mid rate care.
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