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

Over State Pension age, SDP with HB, can they claim WTC?

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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I think I know the answer to this but end of a long week and wanted to double check.

Client aged over State Pension age, working 22 hours a week, now awarded Attendance Allowance and so SDP can be included in her HB award.

The fact of the SDP being added to her HB doesn’t mean she can claim WTC though does it? As she’s over SPA, she isn’t entitled to UC anyway so can’t see SDP gateway has any effect here.

Do you agree?

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Edited out because I realise I misread the contents of the link I posted (and, as usual, Charles has posted a clear answer below).

[ Edited: 26 Jan 2020 at 04:58 pm by Ianb ]
Charles
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Accountant, Haffner Hoff Ltd, Manchester

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New claims for WTC cannot be made by pensioners, unfortunately. This has been the case since February last year (due to the No 32 Commencement Order).

If she had an award of WTC at some point during the 2018-19 tax year, then I believe the legislation allows a fresh claim for WTC to be made now, but HMRC do not allow this in practice.

Paul_Treloar_AgeUK
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Thanks Charles, I thought as much.