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disabled element in housing benefit assesment !!

hi all, my family and i was getting housing benefit which had £33 on it for myself being sick / disabled (i was on ib), i started work and they have taken the disabled/sick element off !! is this correct ??

i am still disabled but working, where as before i was sick, disabled and claiming benefits......

does the disabled element not count if you work, even if you are still disabled

thanks for any help !!
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Comments

  • real1314
    real1314 Posts: 4,432 Forumite
    the disablement element (Disability Premium) can only be inlcuded if certain criteria apply:

    signing sick over 52 weeks (not applicable)
    receiving IB at the Long Term rate (n/a)
    receving DLA at any rate, any component (n/a)
    registered blind (n/a) and a few others that you probably don't qualify under

    however there is one other way... if you are now claiming Working Tax credit, and they have included a Disability Element in that, let the HB people know and they should put it back in your HB assesment.
    If you've not claimed WTC, you might want to consider it, and let them know you've recently been on IB.
  • kurjam
    kurjam Posts: 1,342 Forumite
    yes i am getting working tax and it has the disability element included in it, but if they reduce my working tax because of my income and i get no working tax would the housing benfit still put the disability element on.....??
    as i knnow a friend who has a disability element on there award noticem, but because they earn to much they dont actually receieve the working tax !!
    i was claiming sickness benefit for quite a few years and was on long term ib...., then had a break of 10 weeks while i tried some other work....
  • real1314
    real1314 Posts: 4,432 Forumite
    :confused: If you don't actually get the Tax Credit then I think they can't include it.
  • Borgie
    Borgie Posts: 109 Forumite
    I am in exactly the same position but they refuse point blank to give me the disabled element but I am getting WTC with disabled element in it.
  • Borgie
    Borgie Posts: 109 Forumite
    the disablement element (Disability Premium) can only be inlcuded if certain criteria apply:

    signing sick over 52 weeks (not applicable)
    receiving IB at the Long Term rate (n/a)
    receving DLA at any rate, any component (n/a)
    registered blind (n/a) and a few others that you probably don't qualify under

    however there is one other way... if you are now claiming Working Tax credit, and they have included a Disability Element in that, let the HB people know and they should put it back in your HB assesment.
    If you've not claimed WTC, you might want to consider it, and let them know you've recently been on IB.



    I've been on a few council websites and they all seem to say you have to meet one of the first 4 criteria you mentioned. Can't see anything about the WTC with disabled element. Do you know where that is stated.

    Thanks

    x
  • real1314
    real1314 Posts: 4,432 Forumite
    I got it out of a copy of Zebedee Ward and Listers guide to HB and CTB (2003-04 edition), I haven't got the latest edition to hand, but they should have a copy at the council - ask them to look it up in there (it'll be in the index under disability premium)
  • Borgie
    Borgie Posts: 109 Forumite
    real1314 wrote: »
    I got it out of a copy of Zebedee Ward and Listers guide to HB and CTB (2003-04 edition), I haven't got the latest edition to hand, but they should have a copy at the council - ask them to look it up in there (it'll be in the index under disability premium)


    Is it worth me buying a copy of this book do you think?

    Does there have to be certain criteria for this rule to apply? or is it straight forward - i.e if you are getting disability premium in WTC you definately get the disability allowance in Housing benefit?

    Thanks
  • kurjam
    kurjam Posts: 1,342 Forumite
    my council to are saying i cant have the premium even though i get disability element in my tax credits...
    should i write in and complain !!
  • Borgie
    Borgie Posts: 109 Forumite
    kurjam wrote: »
    my council to are saying i cant have the premium even though i get disability element in my tax credits...
    should i write in and complain !!


    Yes, I am going to - get them to read section 12.12 and 12.13 of Zebedees guide to housing benefit and council tax benefit.

    Let us know how you get on x
  • Borgie
    Borgie Posts: 109 Forumite
    kurjam wrote: »
    my council to are saying i cant have the premium even though i get disability element in my tax credits...
    should i write in and complain !!


    Hi Kurjam,

    How did you get on?
    x
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