Hi Guys,

I'm curious about the rules re the Disability element. I understand the basics, if a client has been on a prescribed benefit ie icb or dla before claim, they can get the Dis element. Also the bit about they are deemed disabled if they have a disability that puts them at a disadvantage of getting a job..all clear to me.

The part i am confused about is when they renew their claim. Obviously if still on say DLA and still 'at a disadvantage...' they would still qualify, but what of those clients who for instance come off Incapacity benefit, have no DLA or SDA and start work but still come under at least one of the 'disadvantage' points, will they still qualify for the Dis premium? The main disadvantage test point that i can think of would be the one about sustaining an 8hr a day job, 5 days a week due to pain.

I've had conflicting advice from the TC helpline (no surprise there i know) some tell me client still qualifies, others say they don't as when renewing the claim they haven't receieved ICB in the last 26 weeks.

Any one got clear answer on this, sorry if i've muddled my example, hope someone realises where i'm coming from.

Cheers
Lisa

I think your answer is in regulation 9 WTC (Entitlement and Maximum Rate) Regulations 2002, Case G.

Cases A to F set out the receipt of benefit (or training) conditions that you mention and case G says:

...where the person was entitled for at least one day in the preceeding 56 days to the disabiliyt element of WTC (...) by virtue of having satisfied the requirements of case A B E or F at some earlier time.

A = STHR-IB, LT-IB or SDA
B = IS, JSA, HB or CTB with a disability premium
E = SSP, STLR-IB, IS, occupational sick pay for 140 days; or NI credits for incapacity for 20 weeks and the last of those days or weeks fell within the preceeding 56 days
F = Person has undertaking training for work on one day in the last 56 and received STHR-IB, LT-IB, SDA within the 56 days preceeding the start of the training.


After all that, the short answer is that teh DE continues as long as there is no gap in entitlement of 56 days where the previous claim included the DE.

Tony

Ch.18, p.112 DRH 32nd edition refers, see condition G:

The ‘qualifying benefit’ test

To get the disability element of WTC included in your assessment, you must also meet one of the following conditions:
Condition A – At any time in the last 26 weeks before your claim for WTC you were getting: higher rate short-term or long-term incapacity benefit (IB), or severe disablement allowance (SDA).
Condition B – At any time in the last 26 weeks before your claim for WTC you were getting the disability or higher pensioner premium in income support (IS), income-based jobseeker’s allowance, housing benefit (HB) or council tax benefit (CTB).
.
.
Condition E: the ‘Fast Track’ – This route to the disability element is referred to as the ‘Fast Track’ because it allows some of those who have been off work for a while to return to work without having either to have been off sick for a prolonged period or to fit the qualifying rules for DLA, etc (as in Conditions A to D).
At any time in the last 8 weeks before your WTC claim you had been getting, for at least 20 weeks, either:
– statutory sick pay, occupational sick pay, lower rate short-term IB or IS on the basis that you were incapable of work; or
– Class 1 or Class 2 national insurance (NI) contribution credits on the basis that you were incapable of work; and
– at the date of claim you have a disability which is likely to last for at least 6 months (or for the rest of your life if your death is expected within 6 months); and
– your gross earnings are less than they were before your disability began by at least 20% (or £15 a week; whichever is greater).
Condition F – At any time in the last 8 weeks before your WTC claim you:
– had been undertaking training for work (which means certain government training courses or a course of 16 hours or more a week learning occupational or vocational skills); and
– within the 8 weeks prior to the start of the training course, had been getting higher rate short-term or long-term IB, or SDA.
Condition G – This condition relates to making a renewal claim. It provides that you will be treated as qualifying for the disability element if, within the 8 weeks before you make your claim, you had previously met Condition A, B, E or F. This should allow those who were getting a qualifying benefit such as IB, etc to continue to get the WTC disability element for long after they stopped receiving that benefit.

Working Tax Credit (Entitlement & Maximum Rate) Regulations 2002, regulations 9

Thank you very much, much appreciated.Info will be useful if any appeals needed as i am expecting to receive clients via the Pathways to Work and want to advise them correctly. Due to conflicting advice from TCO in past i do expect to have to appeal some decisions in the future.

Once again,many thanks.
Lisa