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Top Working Tax Credit & Child Tax Credit topic #1862

Subject: "Disability Element of WTC" First topic | Last topic
Victor Ridding
                              

Welfare Rights Officer, Stockport Advice
Member since
09th Sep 2004

Disability Element of WTC
Fri 22-Sep-06 02:16 PM

I have a client who has been getting the DE of WTC (and previously DPTC) for years since coming of LTIB.
She failed to notify the TCO that she had moved in with a partner. When this came to light she made a new claim as a couple and got it backdated 3 months. Hovever her old claim (as a single person) was cancelled back over 6 months. There was an overpayment which has since been written off.

She is not currently receiveing any qualifying benefit.
She is still getting the DE as she has been ticking the box which says 'are you disabled?'

However, it seems to me she is no longer entitled to the DE as there has been a break in her claim of more then 8 weeks.

Am I right, or is there any way round this?


Victor

  

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Replies to this topic
RE: Disability Element of WTC, Victor Ridding, 29th Sep 2006, #1
RE: Disability Element of WTC, chrisduran, 29th Sep 2006, #2

Victor Ridding
                              

Welfare Rights Officer, Stockport Advice
Member since
09th Sep 2004

RE: Disability Element of WTC
Fri 29-Sep-06 11:21 AM

Surely someone, somewhere has some thoughts on this?

Victor

  

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chrisduran
                              

Into-work facilitator, London Borough of Newham, Social Regeneration Unit
Member since
10th Mar 2004

RE: Disability Element of WTC
Fri 29-Sep-06 02:50 PM

I'm truly sorry Victor I'd really like to help but I just can't see a way round it, I don't think your client should be getting the D.E. just as you say. I know this is no consolation to you or your client, but I notice another enquiry on the same theme dated 19/9 has also gone unanswered.

I think she should contact HMRC about this, then if they do continue to pay it she can at least argue it is unreasonable to recover it as an overpayment.

I really hope you do get a useful response but I'm afraid I've got nothing.

  

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Top Working Tax Credit & Child Tax Credit topic #1862First topic | Last topic