Part time employed, part time self employed. Can I apply for WTC?

calcotti

Jita76 said:

Thankyou everyone, yeah they know all these details. I need to be working a minimum of 24 hours for us to be entitled to WTC  they say.
I work 21 hours presently on 15,000 p.a.
We get CTC for our 3 year old 250 per 4 weeks
Partner receives 250 ish per fortnight its def income based ESA he is on?

As advised previously any WTC you get will reduce any income based ESA payable.
However if you are earning £15,000 per annum I cannot understand how your partner is getting any income based ESA as your earnings should be taken into account. 

If contribution based only, ESA Support Group is £227.10/fortnight.

poppy12345

Jita76 said:

Thankyou everyone, yeah they know all these details. I need to be working a minimum of 24 hours for us to be entitled to WTC  they say.
I work 21 hours presently on 15,000 p.a.
We get CTC for our 3 year old 250 per 4 weeks
Partner receives 250 ish per fortnight its def income based ESA he is on?

With that amount then at least part of it is Income related. Your partner really needs to ring ESA ASAP because with you earning that amount of money each year then you will have some overpayment with the ESA. If part of it is CB then the overpayment will obviously be less.

Edit to add cross posted with calcotti as didn't see the reply.

calcotti

If you increase your work to 24 hours/week your partner loses any entitlement to income based ESA - but as previously noted it looks as if, based on your earnings, they shouldn't be getting any anyway.

calcotti

Suddenly occurs to me - has your partner been on ESA a long time? If they were previously on Incapacity Benefit and transferred to ESA they may have transitional protection which is increasing the amount payable above what we would normally expect. This would then be a contribution based award and your income or working hours would not affect it.

poppy12345

calcotti said:

Suddenly occurs to me - has your partner been on ESA a long time? If they were previously on Incapacity Benefit and transferred to ESA they may have transitional protection which is increasing the amount payable above what we would normally expect. This would then be a contribution based award and your income or working hours would not affect it.

Wasn't that due to end in April 2020? At least i thought that's what i read, please correct me if i'm wrong.

Jita76

He has been on it a good while was previous on incapacity benefit. We got wtc when I worked 24 hours 2 years ago but I contract dropped to 21 which I told them at that point and they said I was no longer entitled to wtc because of these hours?I'm so confused now

calcotti

In that case they are probably getting contribution based ESA which includes transitional protection arising from the IB to ESA transfer. You should look at the award letter to see how the award is made up. When claiming benefits it is important to try and understand what you are getting (I know it's not easy).
Does your partner get DLA or PIP? If not they should consider whether they might qualify for PIP https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

Jita76

It's not easy I have never claimed for anything in my life, ctc was the first benefit I've had.
He doesnt get PIP, he does have a car through motability?

calcotti

Jita76 said:

It's not easy I have never claimed for anything in my life, ctc was the first benefit I've had.
He doesnt get PIP, he does have a car through motability?

If he has a Motability car he must have claimed either DLA or PIP and be getting the higher rate of the mobility component - that's how a Motability car is funded. If the problems are all mobility related it may be that he only gets the mobility part.
You need to talk to him to understand what he is getting.

Icequeen1

calcotti said:

In that case they are probably getting contribution based ESA which includes transitional protection arising from the IB to ESA transfer. You should look at the award letter to see how the award is made up. When claiming benefits it is important to try and understand what you are getting (I know it's not easy).
Does your partner get DLA or PIP? If not they should consider whether they might qualify for PIP https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

And if it is CBESA - the OP would only need to work 16 hours to qualify for WTC. Not 24. If the partner counts as 'incapacitated' the 24 hour requirement is reduced to 16. OP - i suggest you speak to a benefits specialist to go through your situation before you do anything. Income related ESA passports you to maximum tax credits, but can end up in a constant circularity because WTC is then taken into account for ESA. You need to check with HMRC if your already qualify for WTC.