Working tax credit - so confused, please help

dave623

Hi All,
I really hope someone can help me here. My attendance in work has been irregular over the last year and a half. My employer sent me an SSP1 form saying they couldn't pay me SSP from Jan 2012 and have started claiming ESA from March 2012. However I returned to work for a couple of weeks after Jan and had another SSP payment from work in May 2012. I phoned HM Revenue last week to renew my tax credit's and told them my occupational pay will cease in August 2012 but will still be on the books (they are keeping my job open for me until Jan 2013 thankfully due to ill-health). Anyway, they waffled on about being incapacitated for tax credit purposes 28 weeks following your first day of abscence from work. The problem is my work attendance last year was so irregular and so were my SSP payments from work and am so confused what to do. I have been receiving working tax credit all throught my abscence from work 2011 and 2012. I also read that you don't count SSP payments if more than 8 weeks apart. Am really confused. On the renewal pack I had through the post it only says to tell them if you don't return to work after illness or incapacity for work. However, I intend returning to my same job in 2013. Here's a list of the months I received SSP from work so have no idea how this affects my working tax credit. If anyone can help i'd be most grateful:

2011
January - No
February-Yes
March- No
April- No
May- Yes
June- Yes
July- Yes
August- Yes
September- Yes
October- Yes
November- No
December- Yes

2012
January No
February No
March No
April No
May Yes
June No
July No

dave623

Hi all,
I don't think I added that I am currently receiving working tax credit AND Esa at the same time which I think i've read is a big no no.
Cheers,
Dave.

Icequeen99

I think probably the reason you have had no response is that your situation is very complex.

There isn't a rule as such that says you can't claim both together, but the qualifying rules for each pretty much mean that is the reality. However, there are situations where it is possible to claim both but not for a long period of time.

I would suggest you contact someone like CAB or TaxAid for specialist welfare rights advice.

You can claim WTC for the first 28 weeks you off on sick leave if you are getting SSP, ESA etc...but you seem to have jumped between the two.

IQ

dave623

Thanks Icequeen,
Yeah, your probably right, I may just phone tax credits anominously and put to them this hypothetical question. They won't trace my call will they?
Cheers,
Dave.

Icequeen99

dave623 wrote: »

Thanks Icequeen,
Yeah, your probably right, I may just phone tax credits anominously and put to them this hypothetical question. They won't trace my call will they?
Cheers,
Dave.

No, but unlikely they will give advice this specific without knowing your case details and you won't be able to rely on it in future (should there be any dispute over what was said as they won't be able to trace the recording).

IQ