30 hour element

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  • #19851

    I hope I don’t appear stupid here, but could anyone help with this. We have a claimant, a single parent who has received Tax Credits for some time including the 30 hour element.
    She has since gone onto the sick and made a claim for Housing Benefit due to her reduced income. She has advised the IR who informed her the Tax Credit award would not change whilst she was receiving sick pay from her employer(up to 26 weeks), but would change if she went onto sickness benefit.
    Given that we allow the additonal earnings premium where the element is included in the tax credit award, am I right to allow an additional earnings premium in this case when I know the claimant is not working?




    Does it make a difference if the person is not getting Tax Credits but should be? For example if someone is on maternity pay or sick pay and has children but does not egt Child Tax Credit. Should they get the earnings disregard?


    Yes it does make a difference. If they’re not currently in remunerative work the additional earnings disregard can not be made. This is because the disregard is normally awarded under HB Regs Sch 4 para 16 but not payable under HB Reg 4(6) where someone is on maternity leave or sick.

    Remember too that these rules have been amended since the original post that started this thread so that the qualifying hours for lone parents, people with children and the disabled are only 16 (not 30).

    And just to be pedantic – the 30hr premium is part of Working Tax Credit not Child Tax Credit.

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