Have a couple where the wife works 20 hours pw & her husband is off long term sick.
He is in receipt of Incapacity & DLA.

They have just been refused WTC as they do not satisfy the condition of working enough hours.(30 hrs +)
(no children)

Having looked at the CPAG book Page 1241, chapter 50, part6 - Disbility Element - it does not clearly state that it has to be the working partner who has to satisfy the disability test.

CAn anybody shed any light ???

This is a topic that has come up for discussion before on Rightsnet http://www.rightsnet.org.uk/dc/dcboard.php?az=show_mesg&forum=104&topic_id=517&mesg_id=517&listing_type=search

The last post was a link to this decision:

http://www.osscsc.gov.uk/judgmentfiles/j1946/CSTC%200076%202006.doc

Hope this helps

Victoria