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WTC with disability element

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Comments

  • Kitten347
    Kitten347 Posts: 47 Forumite
    10 Posts Second Anniversary
    edited 18 May 2020 at 1:38PM
    Thanks Jess.  Nothing as yet but I guess I might have a long wait which is very stressful.  I'm wondering, as Jasper's claim to wtc looks very similar to my own in that we were both receiving incapacity benefit which, in my case I received disability premium in council tax benefit, maybe they haven't realised this qualifies you for the duration of your claim for wtc?Maybe they think it's a new claim and not a renewal?  Either way, it's not good to have no notification or explanation and you have to just sit and wait!
  • JessicaF_2
    JessicaF_2 Posts: 121 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 18 May 2020 at 2:13PM
    Kitten347 said:
    Thanks Jess.  Nothing as yet but I guess I might have a long wait which is very stressful.  I'm wondering, as Jasper's claim to wtc looks very similar to my own in that we were both receiving incapacity benefit which, in my case I received disability premium in council tax benefit, maybe they haven't realised this qualifies you for the duration of your claim for wtc?Maybe they think it's a new claim and not a renewal?  Either way, it's not good to have no notification or explanation and you have to just sit and wait!
    Technically, it isn't the IB that qualifies you for the duration of your claim. For two reasons - tax credit claims only last a maximum 1 year. Each tax year is separate. A renewal is actually a new claim - it finalises the claim for the previous year and it acts as a claim for the new year - but in law it isn't really any different to a brand new claim as the legislation states that a claim for tax credits can only last up to 1 tax year. But the main reason is when you originally received the disability element you would be what is called 'case A' in terms of qualification. However, after the 183 days has passed, you become a 'case G' case - which means your ongoing qualification is linked to prior receipt of the disability element of WTC itself. See https://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-disability/ 
    In my experience, HMRC often forget about the other cases and focus on Case C (DLA/PIP) because that is the most common way to qualify for the WTC disability element. 
  • Kitten347
    Kitten347 Posts: 47 Forumite
    10 Posts Second Anniversary
    Thanks Jess. That's what I meant but you have worded it much better than I did "prior receipt of the disability element of WTC itself".  I've got that many notes should they telephone :)
  • Kitten347
    Kitten347 Posts: 47 Forumite
    10 Posts Second Anniversary
    I'll bump this up for Pumpkin who appears to be the third person on here this has happened to.  I did try their chat again yesterday but still no update, just said that the "team" after receiving my letter addressed to complaints are looking into it.  Pity they can't look quicker as the estimated date for completion is 8th June!! 

  • poppy12345
    poppy12345 Posts: 18,909 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kitten347 said:
    Pity they can't look quicker as the estimated date for completion is 8th June!! 


    I do realise how frustrating it must be but you also have to remember that these are not normal times. They maybe short staffed due to obvious reasons so waiting times/backlogs will potentially be longer.
  • Kitten347
    Kitten347 Posts: 47 Forumite
    10 Posts Second Anniversary
    Yes Poppy I do realise this but to have no notification that expected payments had stopped and to only find out when checking on line, it really isn’t good. Things are hard financially without this!
  • Gellar9
    Gellar9 Posts: 48 Forumite
    10 Posts Name Dropper
    I'm in the same boat. 
    I was on ESA before returning to work (22 hours) and qualified as I can't work 5 days/8 hours per day. The Job Centre did all the paper work a  few years ago througha  disadvantage test.
    I'm guessing that
    A: They need to make the costs of Covid back somehow and this is just one way, with many more to come
    B: When you migrate to UC, you won't lose out. They intend to get people off of WTC before the migration so we must apply for UC at a much lower rate, and the pressure to find/find more work .

    This will be a huge financial loss.
  • Icequeen1
    Icequeen1 Posts: 451 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Gellar9 said:
    I'm in the same boat. 
    I was on ESA before returning to work (22 hours) and qualified as I can't work 5 days/8 hours per day. The Job Centre did all the paper work a  few years ago througha  disadvantage test.
    I'm guessing that
    A: They need to make the costs of Covid back somehow and this is just one way, with many more to come
    B: When you migrate to UC, you won't lose out. They intend to get people off of WTC before the migration so we must apply for UC at a much lower rate, and the pressure to find/find more work .

    This will be a huge financial loss.
    They can't just change the law, without actually changing the law. You need to appeal the decision. 

  • Kitten347
    Kitten347 Posts: 47 Forumite
    10 Posts Second Anniversary
    This boat is getting bigger! As Icequeen says they can't just change the law.  Maybe they are hoping they aren't challenged or it could just be a mistake?  I'll let you know when I eventually hear back from them.  Apart from this forum, Welfare Rights or even your MP can help.  Of course, we could appeal the decision if it goes the wrong way but how long would that take! 
  • Gellar9
    Gellar9 Posts: 48 Forumite
    10 Posts Name Dropper
    Icequeen1 said:
    Gellar9 said:
    I'm in the same boat. 
    I was on ESA before returning to work (22 hours) and qualified as I can't work 5 days/8 hours per day. The Job Centre did all the paper work a  few years ago througha  disadvantage test.
    I'm guessing that
    A: They need to make the costs of Covid back somehow and this is just one way, with many more to come
    B: When you migrate to UC, you won't lose out. They intend to get people off of WTC before the migration so we must apply for UC at a much lower rate, and the pressure to find/find more work .

    This will be a huge financial loss.
    They can't just change the law, without actually changing the law. You need to appeal the decision. 

    Kitten347 said:
    This boat is getting bigger! As Icequeen says they can't just change the law.  Maybe they are hoping they aren't challenged or it could just be a mistake?  I'll let you know when I eventually hear back from them.  Apart from this forum, Welfare Rights or even your MP can help.  Of course, we could appeal the decision if it goes the wrong way but how long would that take! 

    Icequeen1 - They can't, but they may try to find a way of altering it, or maybe 'losing' the form we send back, closing the claim and then we can't go back onto it.
    Kitten347 - It's very worrying. I hope you get a reply soon. Their will be many more in the same boat, many who have told no-one and have just hidden the letter away. Maybe they are hoping that's the case. I, like many, am in a worse health state than when I first started claiming, so would be a strange time to stop it. 
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