Disability element of working tax credits.

[diva1987]

Hi, I currently recieve higher rate care DLA which enables me to get the disability element of working tax. I am working 16 hours at the moment. I have been researching all over the internet to try to get a picture of the new PIP and from what I have read it seems you have to be almost dead to qualify for it (slight exaggeration but I understand it is extremely difficult to qualify. My disability is brittle diabetes with no warning signs hypos especially when asleep and I need help to correct if it is a severe hypo. This happens in the day also and without warning signs I can easily go into a coma without warning which again needs help from another person as it affects my brain function where I become confused and dissorientated. Can anyone tell me if when I come to renew in spetember and if I was cut dla altogether whether my disability working tax creits will stop even though I am still desabled but unable to claim dla even though it could only be because of the cuts. Ive read on other forums of people not qualifying for dla for even things like amputaion. How is that not a disabilty? I am concerned about the implications it may have if they do not agree that brittle diabetes and nighttime comas or neuropathy is serious enough to warrant the dla benefit. Any help? Thank you

[tallica]

Hi,

 

its my understanding you must be in receipt of a " qualifying benefit" and satisfy some conditions....full details available here

 

http://www.help.entitledto.co.uk/viewhelp.aspx?sid=29&helpfile=disabilityelement

[porrohman65]

I get wtc and work 31 hours per week, I also get the diability element, I have have no qualifying benefits

 

But I do meet most of there requrements

 

I

[susi72]

To qualify you must be in receipt of one of the qualifying benefits and be working at least 16 hours per week.

 

Under UC the tax credits as we know it will cease to exist and the new system put in place, so it is not very clear what will replace it with regards to disabled workers. Although it is a terrific incentive for disabled people to get out and work, it is also seen as a reason to merely work 16 hours as was the case previously with joint claims.

 

I am disabled and work full time but recieve this element. I am planning already for next year as if I will lose everything so if I get something at all it will be a bonus.

[diva1987]

From my research on different threads im i quite sure that you must be in receipt of a disability benefit. I may be wrong but varios people including the tax credit people have told me this is the case. How did you get the tax credit disability benefit without the qualifying benefits? Also you say you meet the requirments for the benefit. I am sure I am disabled but that does not always make you qualify for DLA. I am assuming the tax offce take it as if you are not disabled for the fact you dont recieve any qualifying benefits. I may be wrong but would love to hear your experience with tax credits.thanks

[susi72]

From my research on different threads im i quite sure that you must be in receipt of a disability benefit. I may be wrong but varios people including the tax credit people have told me this is the case. How did you get the tax credit disability benefit without the qualifying benefits? Also you say you meet the requirments for the benefit. I am sure I am disabled but that does not always make you qualify for DLA. I am assuming the tax offce take it as if you are not disabled for the fact you dont recieve any qualifying benefits. I may be wrong but would love to hear your experience with tax credits.thanks

 

Hi Diva, no it is not as clear cut as that, the issue isn't completely black and white.

 

With myself I receive DLA as am currently receiving kidney dialysis, but to qualify for the disability element of the working tax credit, if you were receiving ESA or the older IB or fit a criteira of questions they have then you meet the requirements, irrespective of whether you receive DLA or not.

 

Here is a link to HMRC's website which includes a PDF explaining more about it. If you feel you have a disability but did not satisfy one of the tests in receiving one of the benefits then you would have to get evidence from your GP and relevant healthcare team and send this in to TCO for a decision to be made.

 

http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/workingtaxcredit/disability.htm

 

Hope this helps

[porrohman65]

From my research on different threads im i quite sure that you must be in receipt of a disability benefit. I may be wrong but varios people including the tax credit people have told me this is the case. How did you get the tax credit disability benefit without the qualifying benefits? Also you say you meet the requirments for the benefit. I am sure I am disabled but that does not always make you qualify for DLA. I am assuming the tax offce take it as if you are not disabled for the fact you dont recieve any qualifying benefits. I may be wrong but would love to hear your experience with tax credits.thanks

 

Hope this explains my postition

 

I submitted a 15 page document stating my case and reason, pointing out, if I lose my job, no one will employ me due to my poor health, and have a lot to lose if I am sick, and lose my job

 

To qualify for the disability element of tax credit, you must meet all 3

condititons

 

 

Conditition 1.... Do you work more than 16 hours per week...... Yes I do, 31 hours per week, contract

 

 

Conditition 2.... Do You have a disability as described in table 1

 

 

Other disability.... I cant work 8hrs or more, or a 5 day week, with out getting fatiqued, exhausted, or tired due to a medical condition, heart problems This was verified by my doctor and manager

 

 

Conditition 3.... Can you satisfy qualifying benefits conditions in either table 2a, or table 2b

 

 

Table 2a

 

Statutory sick pay, all though I never recieved this, I pointed out to the tax office, for the number of days I took of sick, and my days my shifts fall on, I would never qualify, unless I take of 10 day sick

 

So my days I work....Sun, Tue, Thu, and Fri.....Mon, Wed, Sat are my days of, so if I fall sick on Sun, Im likely to return on Tue, and will never qualfy for SSP

 

My disabilty, ie my poor health will last me for the rest of my life, or until I have an operation

 

 

Table 2b..... As table 21, apart from earnings rule

 

Gross earning are 20% less than before the disabilty began

 

2006....earnings £13,000

 

2010....earnings £9,500