Client is off sick getting SSP only. Husband on long term ICB. Before going sick she was working 50 hours a week - does her WTC include a 30 hours element?

Was there a 30 hour element immediately included in their claim prior to her SSP period? If so then it should remain for 28 weeks.

I have a client who was receiving WTC including the disability and 30 hour elements prior to becoming incapable of work ; SSP is in payment.

WTC(EMR) Reg 6 seems to indicate that a person is treated as being in engaged in qualifying remunerative work for the purposes of regulation 4(1) while they are in receipt of SSP. Paymentof WTC can therefore continue while SSP is in payment.

WTC(EMR) Reg 4(1) refers to the basic element of WTC.

WTC(EMR) Reg 10(1) refers to the 30 hour element of WTC and states that the 30 hour element is included if the claimant is engaged in qualifying remunerative work for at least 30 hours per week.

WTC(EMR) Reg 9(1) refers to the disability element and states that the claimant is entitled if they undertake remunerative qualifying work for at least 16 hours per week ....

Reg 6 appears to make provision for the basic element of WTC to continue while SSP is in payment but not the 30 hour or disability elements.

Can any body help? - is there another Reg that I have missed that does support the continued payment of the 30 hour and disability elements with WTC while a person is absent from work and receiving SSP?

I know what you mean that at first glance reg 6 does only seem to authorize the continuing payment of the basic element as reg 4 is titled "entitlement to the basic element of wtc: qualifying remunerative work".

However, I would argue that " for the purposes of the conditions in reg 4(1)" found in reg 6(2) should be taken to mean that this is referrable to being in remunerative work and no more than this. Other than that I don't have a definitive answer.

Regards
Paul