Disability whilst claiming TC's

harveymail

If I remember correctly there was a thread on here some time back explaining this but I am unable to find it, it said something along the lines of 'if you were claiming IB at a higher rate care before a certain date you were eligable to claim the disability and servere disability element of TC's'. If this is correct does anybody know what year this was and also if not receiving the higer rate care part of DLA but receiving ESA Support/Care (not WRAG) does this count instead of the Higher Rate Care of DLA, so, trying to get to the point,

Does a person who was on IB (higher rate long term) in 2000 and continued to get it until changing to ESA Support/Care qualify for the disability/servere disabality element of tax credits? They only get the lower rate of DLA

This is not for me or my family, just trying to help someone who has PM'd me. Thanks in advance

Icequeen99

Are they working?

To get the disability element of working tax credit they need to:

1. Working at least 16 hours
2. be at a disadvantage in getting a job (see HMRC leaflet TC956 for the list of things that qualify this
3. Be getting a qualifying benefit.

DLA, even at the lower rate, is a qualifying benefit. So the Incapacity Benefit issue won't come into it. If they weren't getting DLA, they would have had to get IB/ESA in the 183 days before they claim. There isn't a set year as such, it depends on when the person first claimed the disability element of tax credits.


To get the severe disability element they, or their partner (note this doesn't apply to the disability element) need to qualify for the basic element of working tax credit by working enough hours. Then if the person is getting higher rate care component DLA they get this element added to WTC as well.

Hope that helps.

IQ