| T O P I C R E V I E W |
| drp |
Posted - 21/07/2008 : 17:04:34
does industrial injuries disablement benefit count as a qualifying benefit for the dissability element of wtc ive phoned the helpline 2 say yes 2 say no they have started paying me dont know if its my money or theirs HELP PLEASE |
| 9 L A T E S T R E P L I E S (Newest First) |
| missfroy2 |
Posted - 22/07/2008 : 20:46:11
Not a problem, there are plenty of agencies out there who will help you fill in the DLA claim form if you feel you need it. Obviously you have successfully claimed for your wife, so you know how daunting that form is - but don't be worried to ask for help from CAB or welfare rights services.
Good luck
MF2 |
| drp |
Posted - 22/07/2008 : 19:59:45
ok thank you very much will try to get through tomorrow been trying 2 hrs today will let you know how i get on with my dla claim i know i keep say it but i do realy apreciate all your help many thanks |
| missfroy2 |
Posted - 22/07/2008 : 19:46:48
I think (not 100% sure) that it is a computer issue when DLA is entered for the partner it is linked to that particular message on the award notice.
To keep yourself right, I would tell the helpline (record name, date and time) that you don't believe your wife qualifies for the disability element. Just to be on the safe side.
MF2 |
| drp |
Posted - 22/07/2008 : 19:07:58
our award notices are exactly the same word for word it says one disability element on mine and one disability on hers but only pays one in the calculation so what does this mean? |
| missfroy2 |
Posted - 22/07/2008 : 10:00:53
Your wife will not qualify for any disability element of tax credits because she is not working. However, some award notices show 'you are entitled to the disability element' under the non-workers name, even though the element is not included in the calculation. Something to check for.
If you meet the disadvantage at work test, then you would need to receive any level of DLA mobility/care to qualify for the disability element. You need the higher care component of DLA to get the severe disability element.
One other thing, when you apply for DLA (presuming your tax credit claim has already been processed) phone the helpline and tell them you have applied for DLA. Most advisers will probably wonder why you are doing this, but if your DLA claim takes some time to decide (more than 3 months) you need to make this initial notification to protect backdating of the disability element.
When you call,make a note of the date, time and name of operator. Then if DLA is awarded, you must call within 3 months of this decision date to secure your backdating.
Very complicated and most unnecessary, but it is the rules so best explain them.
MF2 |
| drp |
Posted - 22/07/2008 : 09:30:45
ive claimed jointly with my wife she gets the low rate dla for mobility but does not work i have recently put in for dla if i got it which element would i need to qualify for wtc thanks once again MF2 for all your help |
| missfroy2 |
Posted - 21/07/2008 : 23:07:29
Hopefully so, however just for piece of mind (rather than taking the word of some internet forum weirdo like me :-) ) here is a link to HMRC's own disability guidance:
http://www.hmrc.gov.uk/taxcredits/disabled-people.htm then follow the link to the 2008 guidance notes. Have a look at Pg 32 (near the back) where it tells you the qualifying criteria. It says Industrial Injuries Benefit with constant attendance allowance.
MF2 |
| drp |
Posted - 21/07/2008 : 19:21:40
no i dont i work part time 16 hrs i get ind inj bnft for the reduced earnings element when i phoned hmrc and told them this they said it qualified so now i will have to send them the money back why dont they make the rules easier to under stand thanks missfoy2 for your speedy reply youve probably saved me from a massive overpayment bill |
| missfroy2 |
Posted - 21/07/2008 : 18:00:59
Not of itself....if you receive a mobility supplement or constant attendance allowance which is paid in conjunction with industrial injuries benefit then you meet the qualifying benefit test for the disability element.
Do you receive anything else? Or have you received any other disability benefit in the last 6 months or so, or a rise in any other benefit because of a disability premium.
MF2 |
