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

WTC hours of work/disability status

EJ
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Benefits advice line - Coventry City Council

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Total Posts: 56

Joined: 29 June 2010

Client on Enh PIP both components. Working part time, but job is finishing .No NI conts record. for ESAns.
Ptr has been off sick for a number of months and has very recently gone back into work, but for just 20 hrs a week.
They are in their 50s, no dependent children and no housing costs.
Currently receiving WTC with what sounds like some disability elements, which would probably have been related to the client’s work and receipt of PIP.

I have yet to pin down the details, dates and timelines of sickness for the ptr, but assuming that she could meet a qualifying benefit rule under Condition E, and meet the disability criteria (unable to return to previous hours), can they still keep a viable WTC award, based on the changes of circumstance?

Thanks in advance

Elaine

Mark Willis
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Welfare rights worker - CPAG in Scotland

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Hi Elaine

Depending on the details, it is possible for the joint WTC claim to continue if there is a change of circumstances as long as there is continuous entitlement, and either member of the couple meets the conditions. See https://www.rightsnet.org.uk/welfare-rights/caselaw/item/no-power-to-terminate-a-tax-credit-award-where-one-partner-stops-working-an

Mark

EJ
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Benefits advice line - Coventry City Council

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Total Posts: 56

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Mark Willis - 19 October 2020 12:19 PM

Hi Elaine

Depending on the details, it is possible for the joint WTC claim to continue if there is a change of circumstances as long as there is continuous entitlement, and either member of the couple meets the conditions. See https://www.rightsnet.org.uk/welfare-rights/caselaw/item/no-power-to-terminate-a-tax-credit-award-where-one-partner-stops-working-an

Mark

Thanks Mark.  I am speaking with them again today.  From what they’ve told me, it sounds like the ptr, although unfit for work, may have just been paid furlough, rather than any SSP, so I’m not sure that her reduced hours will now be acceptable for WTC (without her own qualifying benefit requirement being met)

PS we used to love the CPAG Scotland Tax Credit newsletters and updates in the “olden days” - brilliant stuff!!

Mark Willis
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Welfare rights worker - CPAG in Scotland

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Total Posts: 105

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Hi Elaine
You’ve probably also checked if partner could remain entitled to WTC as a coronavirus-impacted worker if unable to return to normal 30+ hours (under https://www.legislation.gov.uk/uksi/2020/534/regulation/2/made), but this alone would not help with the disability element of course.
PS - the tax credits e-bulletins are still going if you sign up, just getting fewer articles and farther between them in these last days of tax credits…glad someone appreciated them!

Mark

EJ
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Benefits advice line - Coventry City Council

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Total Posts: 56

Joined: 29 June 2010

Mark Willis - 19 October 2020 01:10 PM

Hi Elaine
You’ve probably also checked if partner could remain entitled to WTC as a coronavirus-impacted worker if unable to return to normal 30+ hours (under https://www.legislation.gov.uk/uksi/2020/534/regulation/2/made), but this alone would not help with the disability element of course.
PS - the tax credits e-bulletins are still going if you sign up, just getting fewer articles and farther between them in these last days of tax credits…glad someone appreciated them!

Mark

I hadn’t thought about the Covid-impact on her hours, as I was so embroiled in the qualifying benefit for the dis element.  I’ll check with her - it may just be that she’s not quite up to more hours, healthwise..

Thanks again
(Will look for my last e-bulletin - I’m sure I was still signed up :) )