Josh
Welfare Rights Adviser - Family Information Servic, London Borough of Camden, Children Schools and Fam
Member since 26th Nov 2009
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Treated as working during maternity leave/LCW
Wed 02-Dec-09 08:50 AM |
Hi there,
I have a query relating to the provisions for a person to be treated as being engaged in qualifying remunerative work while they are on maternity leave or in a period of limited capability for work (for up to 28 weeks). The query is whether it would be possible to combine two periods of being treated as engaged in qualifying remunerative work. My inclination is that it is not possible, because you must have been engaged in qualifying work immediately before the beginning of the period. However it does not seem clear what the answer is from the regulations (WTC Entitlement and Maximum Rate Regulations 2002 Reg 5-6) so I thought I would see if anyone has any interpretations or experience of this.
This relates to two clients for me:
- One client is currently receiving maternity allowance, she was working for 30 hours before the maternity period began and has a partner working 16 hours. She has since developed health problems and has made a claim for DLA and is considering whether to return to work after the end of her maternity period or to make a claim for ESA. Assuming she successfully claims DLA, the family could continue to qualify for WTC because the partner is working, and also for the childcare element as she is “incapacitated.” But if she could combine the 52 week period of maternity leave with the first 28 week period of limited capability for work, she could continue to be treated as working so the family could continue to get the 30 hour element (and the disabled worker elements if she is successful in her DLA claim).
- One client is on maternity leave and still under a contract of employment, and due to return to work in March 2010, but is her second child is due in April 2010 so she is hoping to take another period of maternity leave immediately. The question is whether she can continue to be treated as in qualifying work for the second period of maternity leave.
Many thanks,
Josh
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