My client claimed WTC 3 years ago jointly with a partner and received the disability element because he had been in receipt of a qualifying benefit in the 26 weeks prior to the claim. He has now serperated from his partner and has had to submit a new claim as a single person. This means that he no longer satisfies the qualifying benefit rules. Apart from trying to claim DLA, is there any way round this?

Hi

You might want to have a look at Regulation 9 WTC (EMR) Regs 2002 SI 2002/2005

In particular see 9(1) and 9(8)...9(8) on a quick read through seems to cover the situation where a person was entitled, for at least one day in the preceding 56 days, to the disability element of WTC or to disabled person's tax credit by virtue of his having satisfied the requirements of Case A, B, E or F at some earlier time.

Those cases are in Reg 9(2)-9(7), but it depends which benefit he had as to which case he will fall under.

Not clear whether it would apply to a different claim if it was within the 56 days...but this may give you a starting point.

Victoria

Thanks a lot for that. Just what I was looking for. He was in receipt of IB before claiming as a couple. Managed to miss that bit in CPAG.