What steps does HMRC *actually* take to check whether someone meets the condition of schedue 1 (disability which puts a person at a disadvantage in getting a job)? I have a client who has cystic fibrosis, they get middle rate DLA care, and work full time. He is currently getting WTC via the disability route, but I cannot see that he satisfies the conditions. Does HMRC, in practice, accept a claimant as satisfying both conditions for the disability element even if they only actually satisfy the benefit one?

Fri 21-Mar-08 12:53 PM by iut044

In my experience HMRC assumes that if the client is on a qualifying benefit that they meet the disadvantage test. On the application form for Tax Credits it does not even ask for the details of the applicants doctor!

However, if it is clear cut that you client does not meet any of the disadvantage criteria, it would in my opinion be unethical for you to help the client complete the application and lie in it. If it is ambigous about whether this person qualifies then proceed with the application.