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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

WTC, off sick, then Full Digital rolled out

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Joined: 22 July 2013

Any advice appreciated, can’t get my head around this.

Client worked usual hours but only for a short time, approx 2 weeks, before going off long term sick (kidney removed). His WTC has been suspended. He is not entitled to SSP or sick pay. From what I can make out he could previously have claimed ESA and then his WTC would be restarted. However, he lives in an area that has gone Full Digital UC since he went off sick.

If he makes claim for UC now it will end his WTC but will he be entitled to the equivalent element in UC?

Obviously if he claims UC now he won’t have worked immediately prior to UC claim and he will have to wait for LCW assessment. Employer is keeping job open for him but it may be several months before he is fit to return to work.

What is best for him to do?

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Not sure I grasp the full situation .. has SSP expired? Is that why WTC is suspended? Or does he not qualify for SSP for some other reason? Which “equivalent element in UC” are you referring to? (UC does not have a 30 hour element, say, it has earnings disregards instead.)

To know what’s the best option overall, you’d have to look at any HB and CTR entitlement which is at stake, amongst other things. Regardless of UC vs WTC, I’d have thought c-ESA should be claimed, if relevant?

Before reading this I would have generally assumed, as per the bottom line of page 1 of the Newcastle UC trigger summary, that:

“On WTC and become sick —> Claim UC”

However, a WTC award isn’t finalised until the end of the year. So, can WTC come back into payment as you imply, upon a return to work in a full UC area? I’m not sure.

 

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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In addition to Jon’s questions, I would also ask: does he have a partner and/or children?  Is he also getting CTC?  These factors are relevant to (a) whether he will be able to go back onto WTC later and (b) whether it would be a better idea to switch to UC at this stage.