Incapacity Benefit with dependant child additions plus CHB and CTC? 

I wonder if anyone knows the answer to this query:

A cl was receiving IB (claimed before 2003) and in this he received age additions and child dependency additions. He was then recently transferred over to contributory ESA and due to transitional protection, still receives the same amount that he received on IB (with the age additions and child dependency additions).

He also gets full CHB and max CTC for the same children.

I know if you get child elements in IS you cannot also claim CTC, and CHB is counted as income; however I can find no information which suggests that you can’t get both ESA (with transitional child dependency additions) and also full CHB and max CTC. However nor can I find any information which suggests you can!

Does anyone know the answer?

Thank you.

You can!

See:http://www.rightsnet.org.uk/forums/viewthread/4221

But please note the ending to the above case was… the DWP awarded CESA + IESA to this client despite their being nothing in the regs to allow for it because the government stated that no one would financially be worse off when moving from IB/IS to ESA. So Cl was awarded CESA topped-up by IESA and then CTC claim was submitted - possible as no old rules IS (with elements for child) in payment now.

Oh great thank you!

So just to clarify:

- You can get the child dependent additions from IB transferred to cb ESA (under transitional protection) and this should not affect CHB or CTC in any way.

- Would this have been the same under IB, so for example, when he was actually claiming IB with the child dependent additions, would be have been entitled to CHB and CTC then also?

- The situation may be more complicated if means-tested benefits were involved (which thankfully they are not).

Thanks for your help - it was baffling me!

Now that I do not know!

The link was IS with child element = no CTC but I cannot give you a definitive answer regarding IB with CDI = no CTC (my gut says the same rule should not apply as the CDI rates are considerably lower than you might expect to receive from CTC).

Where is Tony Bowman when you need him?

That’s what my feelings are - that as the CDI is lower than CTC - the same rules that relate to IS child elements and CTC may not apply.

However, I will keep you posted if I find a definitive answer to this!

Thanks for your help.

Altered Chaos - 17 April 2014 05:21 PM

Where is Tony Bowman when you need him?

 

Hopefully back tomorrow.

He’ll be well chuffed!

Thank you so much Tony! (and also to everyone who contributed to this)

This is really helpful. I can now put my clients mind at ease.

Thank you again,
Jen