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working tax credit, disability element!

  • Alison
  • Topic Author
13 years 10 months ago #20271 by Alison
My friend applied for this ages ago hoping he could get it, but he didnt have any other benefits, and has been refused for dla 5times now even though as the following illness's he has oesteoarthritus, sleep apnea, hypothyroid issues, and anxiety/ depression so defiantly is covered under DDA and is disabled, but when he claimed working tax credit, he got told he was entitled to it, yet didnt have any of the qualifiying benefits??? he did say to them he would send in letter from his gp supporting his disabilitys and how they disable him!

But they didnt check or ask if he recieved any benefits at all, now he renewal come in it states now he has to be recieving a qualifying benefit, which he doesnt get or never has recieved!

So he will lose this money which he needs to cover his mortgage or it wont get paid!

what can he do??? he been receiving it for 2 yrs already and not once have they checked to see if he is getting any benefit which qualifys him for it!
He got told on the phone as long as he is disabled which makes it harder for him to find a job! he will get it!

and wont this look as though he been recieving benefits fraudulently???

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13 years 10 months ago - 13 years 10 months ago #20295 by Crazydiamond
Replied by Crazydiamond on topic Re:working tax credit, disability element!
Alison wrote:

My friend applied for this ages ago hoping he could get it, but he didnt have any other benefits, and has been refused for dla 5times now even though as the following illness's he has oesteoarthritus, sleep apnea, hypothyroid issues, and anxiety/ depression so defiantly is covered under DDA and is disabled, but when he claimed working tax credit, he got told he was entitled to it, yet didnt have any of the qualifiying benefits??? he did say to them he would send in letter from his gp supporting his disabilitys and how they disable him!

But they didnt check or ask if he recieved any benefits at all, now he renewal come in it states now he has to be recieving a qualifying benefit, which he doesnt get or never has recieved!

So he will lose this money which he needs to cover his mortgage or it wont get paid!

what can he do??? he been receiving it for 2 yrs already and not once have they checked to see if he is getting any benefit which qualifys him for it!
He got told on the phone as long as he is disabled which makes it harder for him to find a job! he will get it!

and wont this look as though he been recieving benefits fraudulently???


Extract fron WTC2:-

Working Tax Credit

The following benefits qualify for the disability element of working tax credit:-

• Disability Living Allowance
• Attendance Allowance
• Industrial Injuries Disablement Benefit (with Constant Attendance Allowance for you)
• War Disablement Pension (with Constant Attendance Allowance or Mobility Supplement for you), or
• a vehicle provided under the Invalid Vehicle Scheme.

(B.)
Alternatively, you must have received one of the following benefits in the last six months:-

• Incapacity Benefit at the short-term higher rate or the long-term rate
• income-based Jobseeker's Allowance*
• Income Support*
• Severe Disablement Allowance
• Council Tax Benefit*
• Housing Benefit*.

*This must include a Disability Premium or a Higher Pensioner Premium for you.
If you give up Incapacity Benefit paid at the short-term higher rate or the long-term rate or Severe Disablement Allowance to go to work and you qualify for a disability element of Working Tax Credit, you can return to the same rate of Incapacity Benefit or Severe Disablement Allowance if
• you give up your job while qualifying for a disability element of Working Tax Credit, and
• your first day of incapacity immediately follows your last day of work, and
• this falls within two years of when you last received Incapacity Benefit or Severe Disablement Allowance.

(C)
You can also satisfy the 'qualifying benefit' test if you have been 'training for work' in the last eight weeks and you started training for work within eight weeks of receiving either Incapacity Benefit at the short-term higher rate or the long-term rate or Severe Disablement Allowance.
Training for work means attending government-run training such as that provided by the New Deal, Work Based Learning for Adults (Training for Work in Scotland) or a course that you attended for 16 hours or more a week to learn an occupational or vocational skill.

If you are making a second, or further, claim for the disability element of Working Tax Credit and you were entitled to the disability element of Working Tax Credit for at least one day in the last eight weeks on the basis of satisfying the 'qualifying benefit' test by meeting (B.) or (C) above, you are treated as still satisfying the 'qualifying benefit' test.


Has your friend ever received the qualifying benefits as outlined in section B?

* Those smileys are supposed to be a letter "B". Unfortunately for some reason it cannot be altered to show this!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 10 months ago by Crazydiamond.

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  • Survivor
13 years 10 months ago #20298 by Survivor
Replied by Survivor on topic Re:working tax credit, disability element!
I wonder if putting a space or a full-stop in would do it.

Space (B )
Full stop (B.)

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13 years 10 months ago #20299 by Crazydiamond
Replied by Crazydiamond on topic Re:working tax credit, disability element!
Survivor wrote:

I wonder if putting a space or a full-stop in would do it.

Space (B )
Full stop (B.)


Thank you for your advice; it worked!

It seems I couldn't see the wood for the trees on this occasion.

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