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Disability elements


Surrey Adviser
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Benefits/Debt Adviser, Esher CAB

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Joined: 17 June 2010

Cl. was working 25 hrs p week; partner (not working) & 2 yr old child.  Getting WTC & CTC.  Cl. now has terminal cancer & unable to work.  Employer will pay SSP until the 28 weeks is up.  PIP claim being dealt with but no decision as yet.

I know WTC will continue for duration of SSP but can’t get my head round the disability & severe disability position.  What I’ve read says the claimant (or partner for SDE) must be “working”.  What does this mean please?  As WTC will be paid during SSP period does that count as working for the DE & SDE?  If so, a reference to relevant Reg. would be appreciated.  If not, are there any other ways of getting one of these benefits for this client?

Any help gratefully received.

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Welfare Officer, St Christopher's Hospice, SE London

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Joined: 16 June 2010

You are treated as being in full time work if you are receiving SSP.  Apparently the reg is reg 5 of the WTC(EMR) Regs 2002 SIno: 2005 (or p201 of CPAGs handbook).

In my experience reporting the PIP award usually gets the extra WTC paid without further bother. 

But actually partner claim for carers allowance and then if joint income low enough - income support I-s generally the best way of increasing income.  This is the easiest way to deal with a future fluctuating income situation too.