What does "incapacitated" ACTUALLY mean in tax credit talk?

gingergee

Exactly what title says!!!! lol xxx dont get it xx

Icequeen99

It means you get one of a list of disability related benefits.

The full list is here:

http://www.hmrc.gov.uk/manuals/tctmanual/TCTM02620.htm

It is taken from the childcare element, same definition for those exempt from the 24hr working hours rule.

IQ

gingergee

Right so, theoreticaly as i get DLA, highest rates, when i quit work my OH will still only have to do 16 hrs min? (BB Brigade be quiet, i wanna work everyone knows that!!!). He is my carer and a CA claim has gone in. On the new entitlement calculators, they all ignore this rule???
what do i do; OH is SE working between 16-24 hrs (subbied so its hit and miss), i need to quit on health grounds? Do i fight illness and return??? Im stumped xx

fogartyblue.

gingergee wrote: »

Right so, theoreticaly as i get DLA, highest rates, when i quit work my OH will still only have to do 16 hrs min? (BB Brigade be quiet, i wanna work everyone knows that!!!). He is my carer and a CA claim has gone in. On the new entitlement calculators, they all ignore this rule???
what do i do; OH is SE working between 16-24 hrs (subbied so its hit and miss), i need to quit on health grounds? Do i fight illness and return??? Im stumped xx

I'm not entirely sure about this, so maybe some more research is called for.

But doesn't the DLA recipient have to be the worker who can work 16 hours?

What you are suggesting is that your OH works, you get the DLA and you are hoping that the 'disability regs' will apply to your OH on the strength of your disability.

gingergee

Not hoping for, like i said his work varies (SE sparky). But someone on here said if the person working is claiming CA and the none working partner DLA, surely that means the 16 hr rule applies?? If not then it kinda contadicts its own rules, as the linky provided above states???
Bet more people than me are wonderin?? And the benefit calcs dont forsee this situation either?? Its odd??
I dont have to go back to work if OH can start defo doing 24hrs x

Tehya

Hi,

If I understand your post correctly you are talking about the new 24 hour week rule for claiming tax credits.

There are several carer's charities who got together to talk the government into changing this for those of us who are in reciept of CA. This is taken from the BBC news but you can also read about it here at the Carers.org website.http://www.carersuk.org/newsroom/item/2532-success-in-tax-credit-fight-to-protect-carers



From April, the general rule is that couples will have to work at least 24 hours a week, rather than the current threshold of 16 hours, to qualify for working tax credit. One must work for at least 16 hours a week.
However, a couple, in which one of the partners is a full-time carer and in receipt of carer's allowance, will be exempt from the change.

So these couples can continue to receive tax credit support if just one of them works for at least 16 hours. Such couples will also be able to claim for childcare costs through the tax credits system.
The move comes following pressure from a number of charities, which said they were "delighted" with the decision.

Caz3121

gingergee wrote: »

. He is my carer and a CA claim has gone in.

For carers allowance for self employed they will average his wage over the year to check if it is under the £100 per week allowed to receive CA

Murgatroyd21

If either of you are disabled you don't have to meet the 24 hour rule. Doesn't matter about CA.

http://www.hmrc.gov.uk/taxcreditsbudget/index.htm#2
If one of you is ill, an inpatient in hospital or in prison

You'll still qualify for Working Tax Credit if one of you works 16 hours or more, and the other is:

• getting certain benefits due to ill health - for example, contribution-based Employment and Support Allowance, or Disability Living Allowance

As you get the high rate care DLA, you will still get severe disability element paid with the wtc, even though you aren't the one working.

fogartyblue.

Murgatroyd21 wrote: »

If either of you are disabled you don't have to meet the 24 hour rule. Doesn't matter about CA.

http://www.hmrc.gov.uk/taxcreditsbudget/index.htm#2
If one of you is ill, an inpatient in hospital or in prison

You'll still qualify for Working Tax Credit if one of you works 16 hours or more, and the other is:

• getting certain benefits due to ill health - for example, contribution-based Employment and Support Allowance, or Disability Living Allowance

As you get the high rate care DLA, you will still get severe disability element paid with the wtc, even though you aren't the one working.

So if my wife gets MRC & HRM DLA and has never worked and I only need to work 16 hours a week to get WTC? And on top of that I would also get the disability premium?

Ummmm, I have a letter from HRMC that says that that isn't the case, they said that as I was not in receipt of DLA I have to work 30 hours a week!! I cannot use my wife's DLA to claim the premium for me and for me to work those lower hours.

I don't claim CA as I earn too much, so no claim has been made.

Looks like I have been sold a pup then! I could have reduced my hours down to 16 and still have been paid + the premium which I have never had or claimed for and had more time to look after my mum! Great!!!
Now I get told!

Murgatroyd21

fogartyblue. wrote: »

So if my wife gets MRC & HRM DLA and has never worked and I only need to work 16 hours a week to get WTC? And on top of that I would also get the disability premium?

Ummmm, I have a letter from HRMC that says that that isn't the case, they said that as I was not in receipt of DLA I have to work 30 hours a week!! I cannot use my wife's DLA to claim the premium for me and for me to work those lower hours.

I don't claim CA as I earn too much, so no claim has been made.

Looks like I have been sold a pup then! I could have reduced my hours down to 16 and still have been paid + the premium which I have never had or claimed for and had more time to look after my mum! Great!!!
Now I get told!

No, not quite. If your partner gets the HRC element then you will get the severe disability element, but you won't get the disabled worker element. Yes, you will only need to work 16 hours to get wtc under the new rules if one of you has a disability. It's on the HMRC website at the link I provided.

gingergee

How come the new tax credit calcs dont incorporate this new rule? it confuzzled me? x