I have a client that has been in receipt of WTC and CTC for some years. He was working full time until he had a heart attack. He got SSP for 26 weeks from his employers then went back to work but he can only work 18 hours a week due to his disability. (unable to sustain 5 day week 7 hour day etc.). I phoned the TC helpline who say that he can only get the disability element if he had made a new claim for TC after his SSP ended. I am looking at CPAG 08/09 pg 1238 and he fits all the other relevant criteria. Can anyone see anywhere where this applies to continuous claims not just new ones?

Providing he meets the criteria for the fast track, I cannot see why the disability element shouldn't be added to his current award. Is the award still ongoing?

Victoria

Thanks for your reply. WTC helpline are saying that SSP isnt covered under the fast track regs. This only applies to new claims and his is ongoing not new.

Reg 9(1) WTC Regs SI 2002/2005 states that the determination of maximum rate MUST include the disability element if the claimant is:

1. Working at least 16hrs
2. has any of the disabilities in Schedule 1 list
3. Meets any of the Cases A to G on a day for which the maximum rate is determined in accordance with these regs.

Case E is the fast track and clearly mentions SSP.

As far as I am aware, there is no such thing as a difference between a new and ongoing claim here.

Contact the helpline and speak to a supervisor. The helpline shouldn't be making entitlement decisions, if they still refuse I would send in an appeal against their refusal to add the disability element.

Victoria