WTC Disability Element Question

earthbound_misfit

Wondering if anyone can clarify...
Have been looking into working tax credits, thinking about when I return to work (will be a while but trying to psych myself up/know what to expect!) I'm aware tax credits will be changing to Universal Credit next October but am hoping to be claiming them after new year.
I suffer with severe depression, anxiety and a few other labels hovering but not quite! My primary diagnosis is severe depression.
As well as hours/recent benefits qualifications(currently ESA support group), I need to satify another criteria in order to get the disability element of WTC. The one that may apply is:
"You have a mental illness that you receive regular treatment for under supervision of a medically qualified person"

Now...
I am currently on the waiting list for NHS therapy. It is a long list, and due to various other reasons as well as wanting to get better, I am considering private therapy (funded at least in part by family).
Even if I wait for NHS therapy, I will, in the meantime, be seen only by my GP. I do not have regular appointments, it's more 'as and when'. This probably equates to an appointment every 6 weeks on average, although they tend to be in clusters when things get bad rather than spread evenly. (I do not take medication as it has not helped and is generally the consensus all round that my problems are experience/trauma related and therapy is the way forward.)
I'm not sure this counts as regular treatment? Also, in future when I do see the therapist regularly they are not a medically qualified person.
I doubt a private therpist's report (more £'s) would qualify as evidence anyway if I need to go down that route.

Any thoughts/experiences/suggestions? It seems people with mental health problems miss out in the gap between being ill enough for support (goodness knows what state you need to be in) and trying to carry on a normal life with assistance to make it possible... no treatment then no benefits either!

I am going to try for PIP when my DLA runs out (mainly to pay for therapy/get the odd taxi when needed due to anxiety) but I cannot see any ice forming in hell yet so not much hope there!

benefitbaby

earthbound_misfit wrote: »

Wondering if anyone can clarify...
Have been looking into working tax credits, thinking about when I return to work (will be a while but trying to psych myself up/know what to expect!) I'm aware tax credits will be changing to Universal Credit next October but am hoping to be claiming them after new year.
I suffer with severe depression, anxiety and a few other labels hovering but not quite! My primary diagnosis is severe depression.
As well as hours/recent benefits qualifications(currently ESA support group), I need to satify another criteria in order to get the disability element of WTC. The one that may apply is:
"You have a mental illness that you receive regular treatment for under supervision of a medically qualified person"

Now...
I am currently on the waiting list for NHS therapy. It is a long list, and due to various other reasons as well as wanting to get better, I am considering private therapy (funded at least in part by family).
Even if I wait for NHS therapy, I will, in the meantime, be seen only by my GP. I do not have regular appointments, it's more 'as and when'. This probably equates to an appointment every 6 weeks on average, although they tend to be in clusters when things get bad rather than spread evenly. (I do not take medication as it has not helped and is generally the consensus all round that my problems are experience/trauma related and therapy is the way forward.)
I'm not sure this counts as regular treatment? Also, in future when I do see the therapist regularly they are not a medically qualified person.
I doubt a private therpist's report (more £'s) would qualify as evidence anyway if I need to go down that route.

Any thoughts/experiences/suggestions? It seems people with mental health problems miss out in the gap between being ill enough for support (goodness knows what state you need to be in) and trying to carry on a normal life with assistance to make it possible... no treatment then no benefits either!

I am going to try for PIP when my DLA runs out (mainly to pay for therapy/get the odd taxi when needed due to anxiety) but I cannot see any ice forming in hell yet so not much hope there!

Sadly I agree with your summary, unless the therapist is indeed medically qualified then he/she won't count...

Instead of jumping straight from ESA to the work-place have you thought of undertaking 'permitted work', this allows you to work up to 16 hours a week and retain some/all of your ESA.

bigbill

Your on DLA so entitled to the disability element in WTC, nothing more needed.

earthbound_misfit

bigbill wrote: »

Your on DLA so entitled to the disability element in WTC, nothing more needed.

Yes, but this runs out around April/May time, and I doubt I'll qualify for the new replacement benefit, PIP. I only got DLA cos I had a very useful psych nurse who visited at the time, she applied for me - also I was kind of iller then... or rather, more overtly ill... being carted off under section by police every couple of weeks... now I appear calmer/saner on the outside though still use the DLA for same things.
Might try the ESA/permitted work route though, just trying to have a 'plan B'.

I did wonder if maybe the therpist (providing it's an NHS one) was sort of "under the supervision" of my GP in terms of managing my case?

bigbill

You also have ESA so that also gets you the WTC disabilty element nothing more needed again

benefitbaby

The Working Tax Credit (Entitlement and Maximum Rate) Regulations, Reg. 4 and Reg. 9

The disability element is payable if the claimant, or at least one of the claimants in a joint claim:

• is engaged in qualifying remunerative work for at least 16 hours a week and
• has a physical or mental disability which puts him at a disadvantage in getting a job and
• satisfies the “qualifying benefit test”

The regulations confirm this is a 3 prong test and the OP must meet all 3 to qualify:
1. Work 16 hours a week - YES
2. Disadvantage of getting a job - NO because not receiving regular treatment under the supervision of a medically qualified person
3. Qualifying benefit test - YES (DLA or ESA)

So the OP could seek to be prescribed medication or other relevant treatment by her GP - this would then satisfy test 2 and WTC disability element would be payable.

earthbound_misfit

bigbill wrote: »

You also have ESA so that also gets you the WTC disabilty element nothing more needed again

As benefitbaby has pointed out, I need to satisfy 3 criteria, and will only satisfy 2.
Hmm I have googled everything I can think of but can't find the DWP definition of "treatment" or "supervision" regarding tax credits!
Does anyone know where I might find this info? Will the tax credits helpline be able to help? Or is it a case of writing to my MP?

Weary_soul

I must say I've never heard of number two on the above list before.
Try downloading the info from here to get a better idea of what you'd need to qualify.

http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/workingtaxcredit/disability.htm

benefitbaby

Weary_soul wrote: »

I must say I've never heard of number two on the above list before.

Sadly, my post was not a 'list' but the regulations that apply to the disability element. Sadder still many claimants do not realise this is the criteria to be met and as such have seen their awards ended by HMRC and several have overpayments.

Regarding the definition of 'treatment' and 'supervision' I have been unable to find any case law that answers this question however you may want to contact the Low Income Tax Reform Group (LITRG) as they specialise in tax credits.

earthbound_misfit

yeh that's the link I found, when I looked into the exact description (http://www.hmrc.gov.uk/taxcredits/tc956.pdf) it goes on to say the bit about needing to be receiving treatment/under supervision of a medical professional.
So many people with MH issues must fall in the gap between getting treatment & benefits, and actually being well enough to manage without.
Will enquire further with the LITRG, and MP if necessary, and report back.

Darlyd

OP I don't understand.

I receive DLA (for mental health) and work and get a premium on top of tax credits. Nothing more is needed?