Can a person already receiving WTC (without the disability element) be fast-tracked to the disability element after (say) returning to work after 20 weeks on SSP? (Assuming other requirements are satisfied).

Or to put in another way, CPAG WBH says the last day of receipt of the qualifying benefit must be no more than 8 weeks before your WTC claim. Does this mean ... original claim? Or could it mean ... claim for the disability element (if that is a claim , or is a change of circumstance?)

I don't see why they shouldn't entitled to the disability element

you can actually get access to their guidance manuals through this site, I've been looking and think it's o.k

I'd be grateful if you could point me at the bits you've been reading - there isn't a footnote from the WBH and I can't seem to find the relavant regs. Thank-you.

Here we are, this is from their guidance manual it doesn't actually mention the situation you mention but it certainly doesn't exclude it either, If anyone else has a contrary view I would be interested to hear it but I would have thought part of the purpose of the fast track is to give people in this situation an incentive to carry on working:



Fast-Track

A person satisfies the Fast-Track rules if:

Reg. 9(6) Case E

He or she has received for 140 days or more, with the last day of receipt falling within the preceding 56 days , any one or more of the following

Statutory Sick Pay
Occupational Sick Pay
Incapacity Benefit paid at the short-term lower rate
Income Support paid on the grounds of incapacity for work
National Insurance credits awarded on the grounds of incapacity for work
and

he or she has a disability which puts them at a disadvantage in getting a job TCTM02504 and is likely to last for at least 6 months or for the rest of their life

and

their gross earnings are at least 20% less than they were before the disability began, with a minimum reduction of £15.00 (gross) per week .

Note: The 140 days (20 weeks) need not be a single continuous period, it can be made up of any periods of receipt of the benefits or credit which are separated by 8 weeks or less. Any such periods can be linked together to satisfy the 140 days (20 weeks) condition.







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in terms of the regs ...

Case E was originally in the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002

@ http://www.hmso.gov.uk/si/si2002/20022005.htm

but it got replaced with a new version by the Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2003

@ http://www.legislation.hmso.gov.uk/si/si2003/20030701.htm

Thanks Shawn and Chris - that's been a great help.