Any Working Tax Credit experts out there? (disability element for mental health)

earthbound_misfit

Just a question about entitlement...
This is for myself, I have mental health problems currently under the vague label of "depression/anxiety with traumatic elements" or similar... I do not take medication as it hasn't been helpful in the past and is generally considered I will benefit from therapy instead, which I am soon to begin. This will be on the NHS.

In order to meet condition 2 of the disability element of WTC the following descriptors are the ones that MAY be relevant:

- "You have a mental illness that you receive regular treatment for

under supervision of a medically qualified person."

Presumably a psychologist doesn't count as 'medically qualified'. No medication so no treatment from GP. Would they count as 'supervising' the therapy as I was referred to secondary services by them? Would a mental health team leader psychiatrist count even if I never see them personally?


- "Due to mental disability, you are often confused or forgetful."
Probably not enough to qualify... the dissociation that I get comes and goes, intrusive thoughts etc. make it hard to concentrate but not sure if that woul count, and it's not offically a symptom of my diagnosis unless they confirm PTSD (unlikely, can of worms).


- "Due to mental disability, you strike people or damage property,
or are unable to form normal social relationships."

Hmm! Could be argued to be part of any mental health problem... probably not enough evidence in my life though. Avoiding romantic relationships due to being unable to cope with fallout presumably doesn't count!

- "You cannot normally sustain an eight-hour working day or
a five-day working week, due to a medical condition or, to
intermittent or continuous severe pain."
Assuming emotional pain doesn't count... this one is irrelevant but had it misquoted at me before so thought I'd put it in!

Anyone know any test cases/more comprehensive definitions?

Seems a bit unfair as my problems have basiclly ruined my career and made it virtually impossible to work - surely the reason why there is a disability element!

Icequeen99

earthbound_misfit wrote: »

Just a question about entitlement...
This is for myself, I have mental health problems currently under the vague label of "depression/anxiety with traumatic elements" or similar... I do not take medication as it hasn't been helpful in the past and is generally considered I will benefit from therapy instead, which I am soon to begin. This will be on the NHS.

In order to meet condition 2 of the disability element of WTC the following descriptors are the ones that MAY be relevant:

- "You have a mental illness that you receive regular treatment for

under supervision of a medically qualified person."

Presumably a psychologist doesn't count as 'medically qualified'. No medication so no treatment from GP. Would they count as 'supervising' the therapy as I was referred to secondary services by them? Would a mental health team leader psychiatrist count even if I never see them personally?


- "Due to mental disability, you are often confused or forgetful."
Probably not enough to qualify... the dissociation that I get comes and goes, intrusive thoughts etc. make it hard to concentrate but not sure if that woul count, and it's not offically a symptom of my diagnosis unless they confirm PTSD (unlikely, can of worms).


- "Due to mental disability, you strike people or damage property,
or are unable to form normal social relationships."

Hmm! Could be argued to be part of any mental health problem... probably not enough evidence in my life though. Avoiding romantic relationships due to being unable to cope with fallout presumably doesn't count!

- "You cannot normally sustain an eight-hour working day or
a five-day working week, due to a medical condition or, to
intermittent or continuous severe pain."
Assuming emotional pain doesn't count... this one is irrelevant but had it misquoted at me before so thought I'd put it in!

Anyone know any test cases/more comprehensive definitions?

Seems a bit unfair as my problems have basiclly ruined my career and made it virtually impossible to work - surely the reason why there is a disability element!

There isn't a lot to go on. HMRC manuals don't contain much information about the descriptors and I am not aware of any tax credit cases that cover any of the points.

Primarily this is because HMRC in the past have not really looked at these in detail, focusing instead on the primary benefit part of the test. In the last round of disability compliance activity, they did ask people for evidence they met the descriptors though, so we might see a change in this approach.

Most of the cases I have dealt with where mental health is involved have indeed come under the not forming normal social relationships criteria and we have had a GP letter confirming this if HMRC have asked.

I would have thought that if your GP has referred you for treatment then that would be under the supervision of a medically qualified person.

Are you currently claiming any disability benefits or is your qualification from a past disability benefit claim?

IQ

DomRavioli

Do you actually have a diagnosis? If not, you will find it a bit of a minefield (I take it you do not get DLA currently).

In answer to question 1, you would need to be under the care receiving regular treatment for a specific health condition, usually with a diagnosis (they don't usually treat people without one).

Question 2 - Again, without either a diagnosis of which this is a common trait, or a medical professional stating this is something which is disabiling (long term - expected to go on for more than a year and is clinically recognisable) its unlikely you will fulfil it.

Question 3 - This relates to ALL social relationships. If you have friends, then you don't qualify. Its usually for the more severe end of the spectrum such personality disorders, bipolar, SAD and schizophrenia, although it is possible to have with other disorders, just harder to prove.

You must be receiving, or have recently received, a qualifying sickness or disability-related benefit - or in certain circumstances National Insurance credits as well as having a job working 16+ hours per week.

benefitbaby

I will take this last point "- "You cannot normally sustain an eight-hour working day or a five-day working week, due to a medical condition..."

I have several clients who have qualified under this heading on the basis of mental health, it is not solely for physical medical conditions. Low motivation, concentration etc due to depression could limit your ability to manage a full-time role. Stress of working environment, role or dealing with colleagues could impact anxiety etc

ComeTheRevolution

I was in the DWP's support group so they didn't ask for medical information, in fact is was the WTC people who told me I'd qualify without my asking.

State that you are disabled and send any information they want to ascertain the extent.

skateykatey

ComeTheRevolution wrote: »

I was in the DWP's support group so they didn't ask for medical information, in fact is was the WTC people who told me I'd qualify without my asking.

State that you are disabled and send any information they want to ascertain the extent.

Do not state that you are disabled and then let HMRC work it out for themselves. this is the best way to incur an overpayment and a penalty.

In order to qualify for the disability element you must meet all 3 of the qualifying conditions. You must therefore be working for a min of 16 hrs a week , must meet the qualifying benefits test and also must meet the criteria you alluded to in the OP.

If you meet the first two and are still confused about your eligibility as a result of the criteria then yes, state that are disabled as no one would question it.