Claimant on SSP, not getting paid WTC, as a result of incomes of self and partner too high(although may qualify retrospectively through disability route if DLA "qualifying benefit" awarded…we are waiting for decision). Was working 40 hrs so deemed working for WTC, hence WTC "applicable amount" includes 30 hr element under WTC Regs 20(1)(c ).

Has just applied for HB/CTB. LA only allowing £10 and not the £15.45 additional earning disregard under HB Regs Sched 4 para 17(2) (a) saying because he is not getting paid WTC he doesn’t qualify for this

The question is whether the disregard depends on being paid WTC (LA’s view)or whether it is enough that the WTC applicable amount includes the 30 hr element whether this results in payment of WTC or not (our view). Can anyone help?

Tue 04-Dec-07 09:01 AM by past caring 1

I think the LA might be right, though not for the reason they state.

Sched 4 para 17(2)(a) specifically states that reg 20(1)(c) of the Working Tax Credit Regulations must apply to the claimant or, if a couple, their partner. Reg 20 of the WTC regs concerns maximum amounts of Working Tax Credit and para (1)(c) provides for three categories of claimant being entitled to the 30-hour element - single claimants, couples without children and couples with - all three require that the claimant or partner actually works.

Does the claimant's partner work? Are there children?

Sorry, ignore the above - your client can be treated as in full time work by virtue of reg 6 of the WTC regs, assuming he was in f/t work immediately prior to the period of sickness.

So, the LA are wrong - reg 20 of the WTC regs concerns the calculation of maximum WTC, not payability.

(Could really do with a proper edit/delete function on these boards )

No, claimant's circumstances are that we could only come within (i). But I take the view that for WTC purposes claimant is in qualifying remunerative work because of the deeming provisions in Reg 6 : he WAS working 40 hrs before going off sick and is still in 28 week SSP period so treated as working. The only reason he is not getting paid is because income too high (even using lower current year figures).What do you think?

We overlapped..I was typing as you were sending POST!! Thankyou!

Aye - well maybe you could have a go at my "suspension and termination" problem from yesterday.