Client (married, has baby 6mths) unable to work, claimed Incapacity ben. Feb 05, been sick since Nov 03, it was refused (not enough NI contrib) is appealing DLA decision at present. Can her partner claim WTC with childcare cost on her actual incapacity for work i.e. Own Occupation Test or Personal Capability Assessment, but without the benefits in place. I have read the regs. and they seem to lean on proof of payment of the other benefits showing her incapacity and not the basic tests, which seems unfair. No WTC claim yet made.