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IS during WTC run on
My client has just stopped self employed work but continues to get WTC because of the four week run on. They are able to claim IS as a carer and would like to do so ASAP but i’m not sure if;
i) the WTC run on means that they are still treated as employed for 16+ hours a week and therefore not entitled to IS.
or
ii) the run on is ignored and they are in fact entitled but the amount of WTC is treated as Income and deducted from the IS.
Regs 5 and 6 of the IS regs are silent on the subject and I can’t see anything in the handbook or the DMG either.
The family circumstances are such that even with the WTC deducted they would still get an appreciable sum from IS so I don’t want to assume that they cannot make a claim for IS until the four week WTC run on finishes.
thanks
Pete
The rules for remunerative work don’t overlap between the Is regs and WTC so I’d say that he stopped being in remunerative work for IS when he stopped working and situation (ii) is my take on it
I’ve spoken to avery helpful lady at the DWP and she has confirmed that ii) is the correct interpretaion