Can you claim Income Support and Working Tax Credit??

PrincessDonna2009 · 21 February 2009 at 11:53PM

Hi Everyone

Basically I am currently on SSP and that ends at the end of March, so I went and put in my claim for IB early and got an advisor phone me back that I am not eligable for that, but did you know you can claim Income support to top up your SSP (Because I am losing money from not working due to ill health). So I said yes let's go ahead with that. My partner currently is on Income Based JSA since November last year, so she said you can also claim Working tax credit as well dependng on your income and your partners income last year, which mine was only £6000 and my partner was £17,000

Does anyone know if we are allowed to claim both???

Thanks :j

[Deleted User] · 22 February 2009 at 11:53AM

The adviser is wrong, you cannot claim WTC and IS/income based JSA.

To claim WTC you must be working at least 30 hours p/w (or 16 if you have a disability or children). Working this number of hours and receiving WTC would bring you above the income threshold for both IS and income based JSA.

*Note: You can still be classed as working for tax credit purposes for up to 28 weeks of sick leave. After this you are no longer classed as being in remunerative employment which means the WTC would end. Normally after this 28 weeks is when you would claim for IB/ESA.

Icequeen1 · 22 February 2009 at 3:16PM

There is nothing in legislation that stops you from claiming both benefits, I have seen several cases where you can claim both providing you meet the conditions.

It is possible because (a) income support and IBJSA has housing costs which increases the applicable amount so you can get it quite high up, and still claim WTC and (b) the hours requirement for WTC is 16 for some people, and IS/IBJSA is 16 for the claimant but 24 for the partner.

Also when people are off sick, they often can qualify for IS and WTC at the same time.

I would advise that the OP go and see a benefits adviser who can look across DWP and HMRC benefits.

The sticking point for the OP will be that her partner is claiming IBJSA.

IQ

PrincessDonna2009 · 22 February 2009 at 6:36PM

My partner is claiming IBJSA since November last year after his contract ending at work. the advisor said we can claim Income support for the both of us and get more money. Also she said we can claim WTC because even though I am on SSP and not working any hours, whilst my work is still paying my SSP, I am classed as working full time still and they also take into consideration of my partner being out of work and me being ill. I have only been off work sick since September 2008 and is on going, so I weren't allowed to claim IB/ESA until the 28 weeks is up which is not yet until end of march, that's why she suggested IS.

I don't I have sent all the relevant forms back, that they sent me out and see what money I am entitled to, anything extra will help with my SSP as it's not that much.

Thank you everyone for your help x

Icequeen1 · 22 February 2009 at 7:11PM

It depends on whether you qualify to be on Income Support - since ESA was introduced my understanding is that they have removed the ability to claim Income Support due to incapacity to work so unless you qualify due to another ground you won't be able to claim IS.

However - there is nothing stopping you claiming IBJSA and WTC - if you were getting WTC it will continue until the end of your SSP period. However be aware that WTC is income for IBJSA so make sure they are taking it into account for your husband's IBJSA.

Best thing to do is speak to a benefits specialist.

The point I was making earlier was just that SSC was wrong - there is nothing stopping you claiming bother IS/IBJSA and WTC.

IQ

alwaysonthego_2 · 22 February 2009 at 7:52PM

Icequeen1 wrote: »

There is nothing in legislation that stops you from claiming both benefits, I have seen several cases where you can claim both providing you meet the conditions.

It is possible because (a) income support and IBJSA has housing costs which increases the applicable amount so you can get it quite high up, and still claim WTC and (b) the hours requirement for WTC is 16 for some people, and IS/IBJSA is 16 for the claimant but 24 for the partner.

Also when people are off sick, they often can qualify for IS and WTC at the same time.

I would advise that the OP go and see a benefits adviser who can look across DWP and HMRC benefits.

The sticking point for the OP will be that her partner is claiming IBJSA.

IQ

Can you provide links for people recieving wtc and IS/IBJSA together. If the partner is working up to 24 hours a week it is dependant on their earnings whether they would be entitled to IBJSA/IS. If they got awarded WTC surely that would take them over the level for IBJSA. If someone was claiming CBJSA then WTC could still be claimed if their partner is working the correct amount of hours.

Icequeen1 · 22 February 2009 at 7:59PM

alwaysonthego wrote: »

Can you provide links for people recieving wtc and IS/IBJSA together. If the partner is working up to 24 hours a week it is dependant on their earnings whether they would be entitled to IBJSA/IS. If they got awarded WTC surely that would take them over the level for IBJSA. If someone was claiming CBJSA then WTC could still be claimed if their partner is working the correct amount of hours.

You are absolutely right, if the partner works up to 24 hours a week it is dependent on their earnings.

However, it is not correct to assume that if they got awarded WTC it would take them over the level for IBJSA. As I said in my previous post, because of housing costs it is possible to have a high applicable amount for IS and IBJSA, which means that even with earnings and WTC, they might be entitled to IBJSA. I will have to type out an example and dig out some cases if you need the figures.

Once the small amount of IS is awarded, it then passports to full WTC thus increasing income again (although there is a problem that occurs here due to a circularity that is very complex and which I won't try to go into as it detracts from the question).

But quite simply, all of the case I have seen have involved housing costs.

Hope that helps explain why it is possible.

IQ

[Deleted User] · 22 February 2009 at 8:35PM

Icequeen, I work for TCO and deal with DWP calls - DWP won't award IS or income based JSA if WTC is in payment.

The tax credit system wont let you add IS or income based JSA details to the claim whilst there are work details held.

I don't have any experience with Housing Benefit so cannot comment on this.

The OP is free to go ahead and call TCO to confirm what I have said. Tax Credit guidance, which tells the adviser how to update the benefit details, states to end the work details first.

Why would the OP's income be topped up with WTC and IS?

PrincessDonna2009 · 22 February 2009 at 10:28PM

Subsoniccoyote: So you are basically saying it's one benefit or the other, which is realistic, but surely the advisor should have not told me on the phone when she rang me back to put in a claim for IS, should of they?? I can see where you are coming from it's either one or the other and that's what I thought in the first place and hence the reason I am asking the question in the first place.

Thanks for your support on this matter and making it clear that you can only claim one or the other

Icequeen1 · 22 February 2009 at 10:53PM

I would therefore advise the original poster to seek independent advice from a Citizens Advice welfare rights specialist or local authority welfare rights.

There is nothing in legislation that precludes a person getting IS and WTC and I have seen many cases of this. The rules allow both to be claimed if you meet the conditions for both.

Tax Credit legislation gives a FULL passport from IS to WTC.

Please do not take the word of people on forums, go and get some independent impartial advice.

IQ

alwaysonthego_2 · 22 February 2009 at 10:57PM

I will be asking the welfare rights worker on wednesday when I go to work because this is a new one on me.

IQ out of interest where do you work?

Can you claim Income Support and Working Tax Credit??

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