Qualifying benefits for the SMI status disregard

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    😕 I am currently reviewing application forms for the SMI status disregard/discount/exemption

    One of the qualifying benefits was Disability Working Allowance which no longer exists. I understand it was replaced by Disabled Persons Tax Credits, now known as Working Tax Credits. I am not aware of any amendments to the regs to replace these benefits but as it is really only a change of name would I be correct to assume that Working Tax Credit is now a qualifying benefit for the SMI status?


    You would only be able to use the Working Tax Credit if it contained the Disability Element, you may need to contact your benefit department for details (depending on liasion/data protection), however, this may not be sufficient for SMI as anyone who has been submitting ‘sick notes’ for over 52 weeks will qualify for this element.



    I would agree with Derrick that working tax credit is not necessarily a qualifying benefit for SMI purposes.

    I am sorry to tell you that the changes from DWA to DPTC to WTC(with disability element) can NOT be considered as only changes of name.

    I am aware that Scottish legislation was updated to include DPTC as a qualifying benefit for SMI purposes, although I am not aware of equivalent legislation for England & Wales.

    Unless someone is aware of any legislation whereby WTC (with disability element) is a qualifying benefit, then you have no power to treat it is such.

    I am, also a bit concerned about position in England & Wales in relation to DPTC, does anyone know of amending legislation???



    since posting my question I have contacted ODPM ref. this matter. They have replied and advised me that the matter was covered in CTIL 22 (dated 22/3/01). This states that “DWA” has been renamed “disabled persons tax credit” and so continues to be a qualifying benefit for SMI status, but no mention of the more recent change to Working Tax Credit.



    Thanks julie, CTIL22 does agree with your thinking, but it is only guidance from the DETR/ODPM. I don’t believe it has any weight in law, it does state that they MAY make an amendment at a later date for ease of reference.

    I can accept the DWP stated that there had not been any underlying change in the entitlement or nature, however that isn’t the issue.

    An amendment is not simply for ease of reference, I would have thought it would be a legal necessity. Unless the DETR/ODPM have amended the qualifying conditions, I would have serious reservations on treating DPTC as a qualifying benefit for SMI purposes.

    Am I just being overly cautious???

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