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Forum Home  →  Discussion  →  COVID-19: Welfare benefit rules and entitlements  →  Thread

WTC Mixed Age Couple, Current Ill, self-employed

Uncleduff
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Generalist Adviser - Pennine West Citizens Advice

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Hi,

Does anyone know if WTC can continue if you are state pension age and self-employed but currently lll?

I believe you can get WTC for up to 28 weeks if SE but you have to be getting nsESA or SSP?? Which he can’t get.


Many Thanks!

unhindered by talent
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Aberdeenshire Support and Advice Team

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This is way too late but for the future, self-employed claimants can be treated as still working whilst off sick if they have submitted a claim for national insurance credits (incapacity for work).

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Uncleduff - 31 March 2020 11:34 AM

Hi,

Does anyone know if WTC can continue if you are state pension age and self-employed but currently lll?

I believe you can get WTC for up to 28 weeks if SE but you have to be getting nsESA or SSP?? Which he can’t get.


Many Thanks!

For self employed isn’t it a case of you can be treated as still working during a 28 week period in which you could have got SSP or ESA had you been an employee. So if as an employee they would have been entitled to SSP they can be treated as still in work for 28 weeks - I guess this would just rule out someone with very little self employed income and therefore below the LEL for employees.

unhindered by talent
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Aberdeenshire Support and Advice Team

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From gov,uk

Qualifying rules
To qualify, you must:

have been in paid work and
have worked the right number of hours before you go on leave or the gap happens and
have got Statutory Sick Pay or an equivalent benefit if you were on sick leave

You’ll still qualify if you were self employed and you would have been eligible for Statutory Sick Pay or an equivalent benefit if you were not self employed.

The equivalent benefits are National Insurance credits (incapacity for work element), Employment and Support Allowance or Income Support (incapacity for work element).

I’ve always erred on the safe side and assisted the client to make a credits-only claim but that may just be me being over-cautious (as ever)

Mark Willis
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Welfare rights worker - CPAG in Scotland

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Hi Uncleduff

Sorry to have missed this post at the time, but as it was in the Covid-19 thread it might also be relevant for similar cases to check the amendment that came in in May which said a temporary reduction in hours due to coronavirus (including a reduction to nil) can still be treated as in work. https://www.legislation.gov.uk/uksi/2020/534/introduction/made

Mark