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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Can you get CB ESA and WTC payments at the same time (period of sickness)

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Total Posts: 289

Joined: 10 March 2014

Hello all.

My client has been on WTC (self-employed) for several years @ 30 hours per week.

She was signed off by her doctor in July and made a claim for CB + IR ESA.

Still hasn’t been paid by DWP and reasons are still unclear (I have requested written reasons with a view to MR).

Can I just check, in theory, is she able to receive payments of CB ESA (73.10 per week) while also receiving WTC (paid at around £70 per week) for the first 28 weeks of ill health?

Can’t find the legal reference and wasn’t sure that overlapping benefit rules apply.

Any help would be very much appreciated.

Thanks.

EC

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Yes, I think so - https://www.gov.uk/working-tax-credit/further-information

I presume it is Reg 6 from here http://revenuebenefits.org.uk/pdf/2003_701.pdf (subsequently amended somewhere to include ESA?)

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Total Posts: 289

Joined: 10 March 2014

Many thanks Billy.  Will update on how it goes.