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
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