Hi,

Quick question, is a Tax Credit claim counted as continuous from the initial award or is each yearly award counted as a new claim?

I’m asking because I have a client who has been awarded to Disability Element of Working Tax Credit because she was in receipt of IBLT prior to her initial claim in 2003. And I’m wandering if that’s correct or not? She is not getting DLA or any other benefits.

Thanks

If this is a continuous claim since 2003 I think it is correct that your client continues to get the disability element. They obviously won't continue to get Incap Ben if they work 16 hours plus but I've never heard of them taking away the DE in subsequent years.

If you have the Disability Rights Handbook from the Disability Alliance(current edition), see page 111. Condition G tells us that people who have previously qualified for the DE can continue to get it when they renew their claims even though they have long since ceased to get the qualifying benefit.

I can see why it may be hard to see the logic of why someone is eligible for the disability premium when they are no longer getting a benefit linked to their past illness or disability.

Looking back in benefit history can help.In 199something when the new benefit Disability working allowance was introduced I was working for Disability Alliance.

As that name suggested the goverment recognised that it was hard to get a well paid job when you had had an illness or a disability. So you needed financial help to go back to work when you were offered a not so well paid job. "You were at "disadvantage" in getting back to paid work.It was meant to be help to get back to work for just the first 2 years.

The other gateway to making a successful claim was the benefit the person had just been claiming before they started work. Like severe disablement allowance or incapacity benefit or were still getting disability living allowance.
I feel that it losing its original name ( not a perfect name of course) and becoming disabled person tax credit and now just being part of working tax credit is why it seems odd for people to get the disablity element when they are at work.
The logic, as I see it, is that your illness or disablity has left you unable to get a well paid job and it is accepted you need extra money because illness and disability needs don't automatically disappear when you get well enough to do paid work.
I hope that helps to understand why people get the disablity element. Perhaps it needs a different name.
.