Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder bumblebee2009 Novitiate

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    Default What am i entitled too?? WTC/CTC/IS??

    Hi,

    I wonder if any one can help me!

    My life has changed dramatically over the last year and trying to find out what I am entitled too has so far been a nightmare!!!

    Brief description about me and the situation:

    I was kicked out of my house by a family member when I was pregnant, and went to stay with my dad temporary! I will be moving to a new place at the end of this month through help from the homeless (Deposit scheme) and will be claiming housing benefit!

    I was advised by CAB that I was not entitled to any thing other then child benefit and housing benefit!

    I have now found out I am entitled to working tax credit, child tax and income support??? But im not sure if this is correct! And if so how it will affect the housing benefit!!

    There is too much info, and I don’t seem to be able to complete one form that gives all the answers!! So please if any one can help that would be great!

    Additional info: I was working as an account assistant full time (40 hours) and I started my maternityicon leave on the first of June, and my baby was born in July. I now only get statuary maternity pay and child benefit!

    As I said my life has totally changed and I have always worked prior to this and I just want to get things back on track!

    Sorry for the extremely long post! But im at my wits end trying to get some help!!

    Thanks in advance!!

    Also... i am now a single mother but do intend to return to work at the end of my maternity

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  2. #2
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    Default Re: What am i entitled too?? WTC/CTC/IS??

    Hi
    How much statutory maternityicon allowance do you get
    Do you get child tax credits for the baby


  3. #3
    Basic Account Holder bumblebee2009 Novitiate

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    Default Re: What am i entitled too?? WTC/CTC/IS??

    I get 123 per week for SMP, and at the moment i only get child benefit! I was told that i wasnt entitled to anything else but have just found out that i can get child tax benefit but im note sure whether or not i can get this with income support and working tax?


  4. #4
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    Default Re: What am i entitled too?? WTC/CTC/IS??

    Working Tax Credit (Entitlement and Maximum Rate) Regulations Reg.5 & 5A

    If a claimant receives maternityicon Allowance, Statutory Maternity Pay, Statutory Adoption Pay or Statutory Paternity Pay, they are treated as being in work from the date these payments began, as long as they were in qualifying remunerative work (of at least 16 or 30 hours, whichever applies) before going on the maternity/adoption/paternity leave. It should be noted, that whether or not they received MA/SMP/SAP/SPP, a claimant on ordinary maternity/ordinary adoption/paternity leave, is treated as in work provided they were in qualifying remunerative work before that leave began. A claimant undertaking a period of additional maternity/adoption leave is treated as in qualifying remunerative work during the first 13 weeks of that additional leave period provided they were in qualifying remunerative work before the initial period of ordinary maternity/adoption leave began.

    A claimant who is already a parent before going on the ordinary maternity, ordinary adoption or paternity leave, can claim WTC if they worked at least 16 hours a week before the leave began. From April 2004 they can claim the WTC childcare element to help with the costs of eligible childcare for the new baby/child as well as for other children in the family. (For claims for the year 2003/04, claimants could not claim for the cost of childcare for the new child, for which they were taking leave, but could claim the childcare element for the costs of childcare for any other child in the family).

    If a claimant is becoming a parent for the first time, WTC is available before the baby/child arrives if they were aged 25 or over and worked at least 30 hours a week before the ordinary maternity, ordinary adoption or paternity leave began. From April 2004, a first-time parent can claim WTC, including the childcare element, from the child’s date of birth or placement for adoption, as long as they usually worked at least 16 hours a week before the maternity, adoption or paternity leave began. (For claims in the year 2003/04, a first-time parent could not claim WTC when going on maternity, adoption or paternity leave unless they were aged 25 or over and usually worked at least 30 hours a week before the leave began. Childcare element for the new baby/child was not available).
    Working Tax Credit (Entitlement and Maximum Rate) Regulations Reg.5 (4)

    A person who is self-employed is treated as being in qualifying remunerative work for any period which would have been ordinary maternity/ordinary adoption/paternity leave if they had been an employee. The self-employed person must meet the work requirement before that "leave" began.




    You can claim Income Support only when your SMP runs out and if you decide that you are not going back to work,
    You would get 64.30 per week plus your child tax credits about 63 per week and Child benefit of 20
    and full housing benefit entitlement
    if you can claim WTC then you will have to cancel it before you make the claim to IS or it will nil your claim

    You should claim child tax credits and working tax credits straight away
    good luck with every thing

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  5. #5
    Basic Account Holder bumblebee2009 Novitiate

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    Default Re: What am i entitled too?? WTC/CTC/IS??

    Thank you so much for your reply!

    I spoke to job centre on Thurs regarding community care grant and was informed that i can claim income support, and made a claim that day. This was because i am only getting SMP and therefore my income is not high enough. I informed them that i have put in a claim for working tax and child tax and they said that was fine... now this is where i get confused!!

    I would think that they would cancel each other out, however it does seem to look that i can claim working tax credit for 26 weeks as im on mat leave and it wouldnt affect the income support etc...

    ...Also if i claim WTC and CTC my housing benefit goes down, however on income support it is then paid!!

    It would be great if there was a loop hole that let me get that as its like im being punished for having a baby especially as i have always worked full time but i doubt it!!

    Sorry if i am babbling im just so confused, there is all this information but trying to get it together is a headache!! I just dont want to be overpaidicon and then they claim it back etc!

    Thanks again!


  6. #6
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    Default Re: What am i entitled too?? WTC/CTC/IS??

    Hi
    think you have been advised wrongly
    Income Support is 64.30 for you as a lone parent.
    You have SMP which is way over that amount, you would not be entitled to IS as your SMP would be classes as an income. Income Support is for people with no Income Unfortunately at the moment you have SMP. When that runs out you could claim IS then if you wanted to.


    If you claim WTC then decide not to go back to work for what ever reason and claim I.S instead, you would have to cancel WTC because that would be classed as an Income for I.S purposes.

    You can claim WTC now as you are still employed , and child tax credits because you are entitled to that for the baby.
    Go to the site and get a calculation.


    As regards to Housing Benefit, if you are on IS get then you get full housing benefit but you would need to claim Income Based HB at the moment as you have an income SMP
    If go to your local council web page there will be a calaculator put in your figurbe entitled to and see how much you will get

    Unfortunately you can not get SMP I.S and WTC at the same time. Why they told you to make a claim I dont know.
    bit confusing I know
    good luck

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  7. #7
    Basic Account Holder MRSWESTHAM Novitiate MRSWESTHAM's Avatar

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    Default Re: What am i entitled too?? WTC/CTC/IS??

    try the entitledto website its a bit long winded but it helps

    Congratulations on your babe x



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