Anybody self employed (UK) claimed Disabled Worker Tax Credit Element ?

Icequeen99

vintagebrighton wrote: »

For initial claims only, if you haven't made a claim within the previous 2 years and the purpose of the claim is a period of 'rehabilitation' (ie moving back into work from a period of being off sick and claiming ESA) then this is correct. I don't mean to argue but it is something the OP needs to be aware of in case they only have ESA and they relinquish it in order to work. That may not be financially viable if they only receive the disability element of tax credits for the remainder of the tax year. Of course, there are other routes to claiming the disability element but the OP specifically mentioned ESA.

I'm sorry but I do not agree with regards to rehabilitation - that is part of a different test and nothing to do with the qualifying benefit part.

Regulation 9(1) of the WTC regulations says that to get the disability element you have to meet 3 conditions:

1. Work at least 16 hours a week
2. have any of the disabilities listed in part 1 of schedule 1 (known as the disadvantage at work test) OR if it is an initial claim it is the result of an illness or accident and the person is undergoing a period or habilitation or rehabilitation
3. Meets the qualifying benefit test

The OP will meet Part 3 by virtue of his ESA in the preceding 182 days. This is called Case A qualification. Once the 182 days passes, he will no longer qualify by virtue of his ESA, but instead will become a Case G case and qualify because he received the disability element of tax credits in the previous 56 days.

There is no link between part 2 and 3 of the test set out in Regulation 9(1). He can either qualify for part 2 of the test by meeting one of the list of requirements or, because it is an initial claim, by showing it is a period of rehabilitation following an accident or illness.

You are correct that you can qualify for part 2 of the test in a different way if it is an initial claim, but there is no link from that to ESA.

Can you provide any basis for your position?

IQ

earthbound_misfit

Icequeen99 wrote: »

There is no link between part 2 and 3 of the test set out in Regulation 9(1). He can either qualify for part 2 of the test by meeting one of the list of requirements or, because it is an initial claim, by showing it is a period of rehabilitation following an accident or illness.

Is it taken as a given you're 'rehabilitating' if you've been on ESA? And how long is a period of rehabilitation allowed to last? Presumably they wouldn't want you to keep on claiming years down the line if you'd recovered? What counts as recovery?...!

Also, he mentioned 16+ hours work. If the disability part no longer applies after April, the tax credits won't be paid at all unless he does 30 hours.

Icequeen99

earthbound_misfit wrote: »

Is it taken as a given you're 'rehabilitating' if you've been on ESA? And how long is a period of rehabilitation allowed to last? Presumably they wouldn't want you to keep on claiming years down the line if you'd recovered? What counts as recovery?...!

Also, he mentioned 16+ hours work. If the disability part no longer applies after April, the tax credits won't be paid at all unless he does 30 hours.

It isn't a given no, it is a separate test but I suspect you would be able to provide medical evidence that you are going through a period of rehabilitation.

No they won't want you claiming for years, and that is why they have the disadvantage at work test for ongoing claims (and initial claims if the rehabilitation part doesn't apply). There has to be some reason why you are at a disadvantage in getting a job.

In 10 years of dealing with tax credit cases and appeals I have only ever seen HMRC look at the disadvantage at work test in one case, they mainly look at the qualifying benefit test.

IQ

Icequeen99

Just to add, i think that is probably the point being made by vintage brighton now I have read it again.

That if you do qualify under the rehabilitation route, that unless you then meet one of the Disadvantage at work test criteria then you can't keep getting the disability element.

But that is linked to part 2 of the test - the disadvantage at work test and applies to ESA/DLA/PIP etc equally, not just to ESA as he suggested.

IQ

earthbound_misfit

Icequeen99 wrote: »

That if you do qualify under the rehabilitation route, that unless you then meet one of the Disadvantage at work test criteria then you can't keep getting the disability element.
IQ

The OP is unlikely to pass this test, because the rules for mental health are so specific.

Icequeen99

earthbound_misfit wrote: »

The OP is unlikely to pass this test, because the rules for mental health are so specific.

Possibly.

But even if the OP the claimed DLA, he still wouldn't get the disability element of WTC if he could not pass Part 2 of the test. Whereas the other poster was suggesting it was the ESA stopping him, it isn't.

IQ

nashly

Icequeen99 wrote: »

It isn't a given no, it is a separate test but I suspect you would be able to provide medical evidence that you are going through a period of rehabilitation.

No they won't want you claiming for years, and that is why they have the disadvantage at work test for ongoing claims (and initial claims if the rehabilitation part doesn't apply). There has to be some reason why you are at a disadvantage in getting a job.

In 10 years of dealing with tax credit cases and appeals I have only ever seen HMRC look at the disadvantage at work test in one case, they mainly look at the qualifying benefit test.

IQ

I have been recieving the disability part and working only 16 hours a week for 18 months now and I have had no tests as you say.