Ouch Too - a place for and about disabled people.

Forum => Welfare Rights => Topic started by: Monic1511 on January 09, 2018, 10:03:10 AM

Title: Working Tax Credits disability element criteria
Post by: Monic1511 on January 09, 2018, 10:03:10 AM
To meet the criteria for the disability element of tax credits you need to pass the disability test
I am too lazy to retype this so itís a photo attachment and hopefully you can read it
Title: Re: Working Tax Credits disability element criteria
Post by: SunshineMeadows on January 13, 2018, 05:13:55 PM
 >thumbsup< >star<

I remember back in 2004 when I got the job in the call centre and finding out about tax credits, they really make a  big difference to self worth and quality of life. They also help pay our mortgage for our home which is wheelchair accessible.
Title: Re: Working Tax Credits disability element criteria
Post by: Fiz on January 13, 2018, 07:43:54 PM
Someone has been told this is one of 3 criteria they have to meet to retain the disability element of working tax credits but they're looking into it. They certainly didn't know the criteria for this point and they do meet this criteria so we'll see about the other 2 points being necessary or not. Of course if their tribunal date was soon they would automatically get it again as I'm sure they will win their tribunal. Their DLA was stopped last April though so they've been in deficit for months. 

Quick question, they've borrowed money from a relative monthly in order to eat/live which they intend to pay back once they win their tribunal. As the backdated amount may go over the savings allowance will this backdated sum lose them money as it's seen as income? By the time they've paid the relative back there won't be much left. But they'll also get backdated disability element of housing benefit which is good and will help. It will be good to get their rent covered again. The DWP doesn't seem to realise the devastation the loss of benefit and the appeal process causes. It should be illegal for it to take a whole year before you get to Tribunal,  it should be 6 months max. I don't have any relatives to borrow from so I dread to think where I'd be if this were me.
Title: Re: Working Tax Credits disability element criteria
Post by: Big Muff on January 13, 2018, 07:56:37 PM
No the backdated payments will not be treated as income by the DWP or savings for a specified time = HMRC I would assume treat it as they would if it had been paid timeously .
Title: Re: Working Tax Credits disability element criteria
Post by: Monic1511 on January 13, 2018, 09:47:34 PM
Backdated payments are ignored for 52 weeks, as for the length of time it takes to get to tribunal that depends on how many appeals are lodged and then taken to tribunal.  The tribunal service can only do so many appeals a day and welfare rights advisors can only represent if they have staff.  My own employer only accepts morning sessions and even then itís 2pm some days when you get away, there are 10 rooms in the venue and esa pip DLA appeals all need 3 panel members, JSA CSA housing and tax credit appeals all need 1 judge. So roughly 10 judges, 7 GPís 7medical members, 10 clerks, 3 security staff - around 40 staff, 10 reps, and 30 cases heard.  Itís a costly business!  On a bad day there will be 3 of our staff up at appeals so that 3 surgeries not covered.  I have 3 200 page files to read and prepare and thatís just one session. 

The appeals venue I am describing has at least 6 of the 10rooms open in the afternoon, and before someone suggests they have the afternoon off, nae chance, each case has to be written up, dwp contacted if decision was favourable or challenge to the judge put in if it wasnít favourable.  Itís another hours work minimum after an appeal for each case.

This is why you cannot rush appeals, if the dwp were clearer in what they were looking for and the specifics of the criteria for a benefit there would be less appeals.

Rant over - I am really just avoiding the bundle of appeal papers sitting in front of my but I need to read them soon  >devil<