WTC Disability Element Question

Weary_soul

earthbound_misfit wrote: »

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.

I've read that PDF a couple of times now and I still can't see what you're referring too. I believe you do not need be receiving treatment, but just the conditions that they state in in that list.

earthbound_misfit

Condition 2 states "Do you have a disability that meets one of the descriptors in table 1?"

So scroll down to table 1 and read the descriptors... the mental health ones are under "other disability".

earthbound_misfit

I mean, they might not check, and assume you must be getting treatment if you recieve(d) relevant benefits.
But I don't want t end up being the first case law on it!

benefitbaby

earthbound_misfit wrote: »

I mean, they might not check, and assume you must be getting treatment if you recieve(d) relevant benefits.
But I don't want t end up being the first case law on it!

They can, and do check and I have seen several client's with overpayments as a result. Most people do not realise the qualifying criteria is so specific (and why would they it is not spelled out on the claim form in detail) and so inadvertently claim and receive the disability element. The tax credit office did a 'sweep' a couple of years ago and at that time there were hundreds of people that were affected.

Why not talk to your GP and ask if they consider your private treatment qualifies under the definition - if they do ask them to put it in writing to cover you should any problems arise in the future.

bigbill

i find it hard to believe that someone on DLA who is also in the support group of ESA does not meet one or many of the descriptors in table 1.

Claim and dont worry about it, I have never seen anyone get the questionaire to check if table 1 applies every and I have helped thousands claim WTC with the disability element.

under the old disabled person tax credits I seen many of these questionaires being sent out all the time at renewal

earthbound_misfit

bigbill wrote: »

i find it hard to believe that someone on DLA who is also in the support group of ESA does not meet one or many of the descriptors in table 1.

You're right, it is unlikely. However for mental health there are only a few descriptors that apply. I will be on the situation of still being on a waiting list for NHS therapy (or already receiving it), or possibly be receiving private therapy. It's been agreed that therapy is the only 'treatment' that will help me, so I am not on medication (have tried several). Hence wondering if this counts as "treatment" according to the DWP.