Hi, I’m working on a Working Tax Credit overpayment caused in part by the inclusion of a disability element on the claim. This was a joint claim with one claimant registered as on Income Support (though this was actually Incapacity Benefit which is the other reason for the overpayment) and the partner in self-employment. They had indicated the non-working claimant was on Disability Living Allowance when this again was not the case. (These were genuine mistakes)

My understanding is that it is the working person who must be disabled to qualify for the disability element. Is there any reason why the non-working person being in receipt of a qualifying benefit could lead to the inclusion of the disability element in Working Tax Credit? The only thing I can think of is that the (non-existent) Income Support claim would in theory have been as a couple and a disability premium included. Would a disability premium in a joint claim for Income Support lead to a disability element in Working Tax Credit for the working claimant when it is the non-working claimant who has the qualifying benefit?!

Any ideas welcomed!

Just looking at these Regs for something else. It's Reg.9 of the WTC (EMR) Regs.

It is conceivable that the working, non-disabled, partner could satisfy Case B (Reg.9(3)) where the condition is that IS, JSA, HB or CTB have been paid 'for him' and the applicable amount included a DP or HPP 'in respect of him'. Arguably then a DP is always paid in respect of both members of a couple - as shown by it having a couple rate so the non-disabled partner could, possibly, satisfy this condition.

However the principal conditions for the disability element (Reg.9(1)) probably rule this out. One of the claimants must:
- be working 16+ hours
- satisfy one or more of Cases A to G
- AND have a disability listed in Schedule 1.

So I think a non-disabled working person will always fail on the disability conditions, even if they can meet Case B.

Richard Atkinson

Thanks very much. Will try that argument to reduce the overpayment slightly if poss