Hi folks,

My client will be stopping work for an operation. She'll get SSP. Her WTC currently includes a 30hr element. She will be treated as being in f/t work for the purposes of WTC, but will she continue to get a 30hr element? Or is that reserved for those who are actually working 30+hrs?

Thanks,

I believe they treat your hours as being the number of hours you normally work, so if she normally works 30 hours plus she will be entitled to the 30 hour plus element.

hello again

I've had a bit more time to look this up now.

I can't find anything that refers directly to the 30 hour plus element for people on S.S.P, but if you have access to the current CPAG Handbook look at page 1228 which tells you that the measure of your hours for WTC purposes is the number of hours you normally work.

I've also had a look at Sweet and Maxwell volume 4, the pages to look at here are 364 and 364 under the "number of hours worked."

Tony

For as long as the claimant is treated as being in ‘qualifying remunerative work’ (within regulation 5 of the Working Tax Credit (Entitlement & Maximum Rate) Regulations 2002), she will continue to receive all those elements to which she was entitled immediately before the period of sickness leave.

This is the current HMRC interpretation of the law.

Thanks very much guys - very helpful.