working tax credit disability element.

pookienoodle

my partner has been off sick from his work place for nearly 2 years.
he is still employed but recieves no pay.
he claims higher rate mobility and low rate care DLA and incapacity benefit.
I work 16 hour a week and we put our 1 year old in nursery for the 2 days I work as my partner is unable to look after the baby.
we recieve working tax credits but have just had my partners disability element and 30 hrs element removed.
we were told last year he would continue to qualify for the disability element as he was still classed as employed.
now slightly confused which advise was correct.

Callisto

Employment is classed as ended for tax credits purposes once SSP ends and applicant moves onto another benefit such as incapacity benefit, so normally six months. Unfortunately, the only way you will get back the wtc disability element is if your partner returns to work or starts a new job for a minimum of 16 hours p/w.

You should continue to get child care help if your partner is 'incapacitated for child care purposes'.