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Top Housing Benefit & Council Tax Benefit topic #7120

Subject: "SSP - WTC - additional earnings disregard" First topic | Last topic
mmt
                              

adviser, Citizens Advice gloucester
Member since
27th Aug 2008

SSP - WTC - additional earnings disregard
Tue 02-Sep-08 07:20 PM

My client is single , age 52 and has some difficulty  writing and understanding forms.  He was working fulltime and with WTC did not qualify for HB/CTB.  In Jan 08 the WTC suddenly stopped - client rang to find out why and was told he had been overpaid.  In June 08 he became ill and got SSP and claimed HB/CTB. He was awarded full benefit.  I rang the LA to doublecheck this in order to avoid any more overpayments.  They had given the £5 earnings disregard and the £16.05 additional earnings disregard.  However they said this was a mistake as client not in remunititive work and it was recalculated with just £5 disregard.A few days  later I phoned Tax Credits to find out why payments stopped.  They restarted at £8.56 pw after deductions made for over payment but award included 30 hr element.  I notified LA of extra income and asked for additional earnings disregard to be applied for 30hr element.They say that not entitled as not in remunitive work but have disregarded the WTC as income. Have asked for written reasons and regs.Am I right in thinking client is entitled and any help to clarify this would be gratefully received.  Thank you

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: SSP - WTC - additional earnings disregard
Wed 03-Sep-08 08:13 AM

Haven't got time to analyse and answer, but hope the references help in the meantime:

Where a clmt has earnings, the relevant provision for disregarding from earnings is at para 17 of Schedule 4 (HB regs).

Where the so-called 30 hr element cannot be disregarded from earnings, para 56 of Schedule 5 applies.

  

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Top Housing Benefit & Council Tax Benefit topic #7120First topic | Last topic