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

No more working tax credit claims from 1/2/19??

 

Daphne
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It’s been raised in this thread - https://www.rightsnet.org.uk/forums/viewthread/13073/P90/#65505 - that there will be no working tax credit claims from 1/2/19 which would clearly impact very badly on working pensioners. No commencement order yet however.

Starting this thread so any news/points relating to this topic can go here and be found easily

      [ Edited: 24 Jan 2019 at 09:14 am by Daphne ]
Income Max
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Most of the discussion on this so far has been about pensioners, but just want to raise the issue of working age people with SDP who are now excluded from claiming UC. If they want to move into work then they need to claim WTC to top up their earnings. If no WTC claim is allowed, their only option to move into work and claim top up benefit is to give up any benefit claims with an SDP and wait a month until the exemption expires so they can claim UC (and then wait a further month for 1st payment, which will be less then they would have got on WTC). Banning new WTC claims will make it more difficult for single disabled people to work - which is the opposite of the government’s stated policy of making sure that everyone is better off in work.

     
Paul_Treloar_AgeUK
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We’re waiting to hear from DWP colleagues about the WTC end point so as soon as we know more, I’ll let you know.

     
victoriatodd
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Income Max - 24 January 2019 11:30 AM

Most of the discussion on this so far has been about pensioners, but just want to raise the issue of working age people with SDP who are now excluded from claiming UC. If they want to move into work then they need to claim WTC to top up their earnings. If no WTC claim is allowed, their only option to move into work and claim top up benefit is to give up any benefit claims with an SDP and wait a month until the exemption expires so they can claim UC (and then wait a further month for 1st payment, which will be less then they would have got on WTC). Banning new WTC claims will make it more difficult for single disabled people to work - which is the opposite of the government’s stated policy of making sure that everyone is better off in work.

I haven’t heard anything from either DWP or HMRC suggesting that they will stop WTC claims - the clear policy intention behind stopping people with SDP premiums from claiming UC is to ensure they can still claim legacy benefits. WTC will be available for those people.

The question mark around 1 Feb 2019 date is in respect of those who have reached state pension credit age. DWP and HMRC have verbally said that such people will no longer be able to claim WTC/CTC but there is no legislation (expecting a commencement order) to stop those claims.

Victoria

     
Paul_Treloar_AgeUK
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This is what we’ve managed to get from DWP colleagues so far.

we understand there should be no new WTC claims (for all ages) from 1 February apart from in (a) tax credits renewal cases (b) working age cases where a claim for UC cannot be made (SDP and frontier workers) (c) changes of circs for TC existing awards. 

The date does coincide with the Child Addition changes, but that’s more to do with it being the date when UC is considered to be fully functioning for new claims in all areas – hence no more tax credits claims (and hence the need to have the child addition in place).  You’re right it’s not in our Regs – but I haven’t been able to get to the bottom of where it is included.

     
HB Anorak
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Frontier workers?? Has there been a determination under Reg 4 of the UC(TP) Regs 2014 not to accept UC claims from frontier workers?

If so, I clean missed it

     
Jon Blackwell
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HB Anorak - 25 January 2019 04:04 PM

Frontier workers?? Has there been a determination under Reg 4 of the UC(TP) Regs 2014 not to accept UC claims from frontier workers?


I don’t know - I’m not sure we get to hear about all uses of reg 4.

The SoS made reg 4 determinations to extend the the 3+ child diversion and also for the ‘Grenfell’ delay in UC rollout as documented here ...

https://www.gov.uk/government/publications/welfare-reform-act-2012-regulations/welfare-reform-act-2012-regulations#contents

... there’s but there’s no mention of frontier workers there and as you imply, AFAICS, there’s been no relevant regulations (so far.)

 

 

 

     
Jon Blackwell
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victoriatodd - 24 January 2019 03:47 PM

The question mark around 1 Feb 2019 date is in respect of those who have reached state pension credit age. DWP and HMRC have verbally said that such people will no longer be able to claim WTC/CTC but there is no legislation (expecting a commencement order) to stop those claims.

Victoria

Paul_Treloar_AgeUK - 25 January 2019 03:15 PM

This is what we’ve managed to get from DWP colleagues so far.

we understand there should be no new WTC claims (for all ages) from 1 February apart from in (a) tax credits renewal cases (b) working age cases where a claim for UC cannot be made (SDP and frontier workers) (c) changes of circs for TC existing awards. 

The date does coincide with the Child Addition changes, but that’s more to do with it being the date when UC is considered to be fully functioning for new claims in all areas – hence no more tax credits claims (and hence the need to have the child addition in place).  You’re right it’s not in our Regs – but I haven’t been able to get to the bottom of where it is included.

Thanks, Victoria and Paul - I guess it’s just a case of wait and see…..

 

 

     
shawn mach
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New regs in Northern Ireland from 1 Feb 2019 ... explanatory note includes:

Article 2(10) applies provisions in Article 24 of the No. 8 Order to the above commencement of the UC provisions such that a claim may not be made for housing benefit, income support or a tax credit where under this Order a claim may be made for UC, subject to the exceptions in the Article.

Article 2(11) provides that a claim for universal credit may not be made by a single claimant or joint claimants where the claimant or either of the joint claimants is a “frontier worker.”

Article 3 of the Order makes changes, consequential on Article 2, to the No. 8 Order in order to:

(a) create an exception to the bar in the No. 8 Order on a person claiming housing benefit, income support or a tax credit, in the case of a claim for one of these benefits by a “frontier worker”, consequent on the restriction on claiming UC in Article 2(11) of this Order;

(b) amend the No. 8 Order to enable a frontier worker to make a claim for income-related employment and support allowance or income-based jobseeker’s allowance, given the existence of that restriction on claiming UC;

(c) remove the general exception, in the No. 8 Order, that permitted claims for tax credits by mixed-age couples (where one member is aged over state pension credit qualifying age and the other aged below it) – this does not affect the exception above.

The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 14 and Savings and Transitional Provisions) Order 2019

      [ Edited: 31 Jan 2019 at 06:20 pm by shawn mach ]
Tim Blackwell
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Today, .GOV.UK says only SDP cases can make a new claim for tax credits grr (ie not just mixed-age cases as per NI)

How to claim

Tax credits have been replaced by Universal Credit for most people.

You can only make a new claim for tax credits if you get the severe disability premium or got it in the past month and are still eligible for it.

If you cannot make a new claim for tax credits, you may be able to apply for:

Universal Credit - if you’re of working age

Pension Credit - if you’re of Pension Credit qualifying age

https://www.gov.uk/claim-tax-credits

 

 

      [ Edited: 1 Feb 2019 at 12:24 pm by shawn mach ]
Paul_Treloar_AgeUK
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How can they do this if they haven’t legislated for it?

     
Gareth Morgan
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Mark Willis
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Paul_Treloar_AgeUK
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Mark Willis - 01 February 2019 02:27 PM

http://www.legislation.gov.uk/uksi/2019/167/made

Thanks Mark.

     
zoeycorker
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I’m ever so slightly confused
whilst I know there can be no new tax credit claims - can an existing claimant who is only getting child tax credits - now get WTC and childcare element if they go back to work
or will they also have to claim UC now?
is it treated as a new claim or a change to the existing claim?

     
Charles
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Yes, someone receiving CTC can claim WTC, there is specific provision for that.