Question about DLA and Working Tax Credit x

Hi everyone.
I have a question about the disability element of WTC. Its a bit complicated but I'll try my best to explain.
My friend has severe back problems which stops her from doing most things and is bed ridden most days from the pain etc. So I told her to apply for DLA. dail did the forms with her and requested she get high rate mobility and low rate care. (I think she should have got at least middle care as her partner has to help her to the toilet and up stairs etc)
Anyway this was October 2009. Afew months after she got a letter from DLA saying she had been declined. So she appealed and it went to tribunal (over a year later) which she won and they awarded her high mobility and low care, result! So a couple of weeks later she rings DLA and asks when she will be getting the back payment. They said it will be in your bank by the end of the week. The end of the week comes and still no back pay so she rings them back and they tell her 'oh we've decided to appeal against the tribunal decision!!'
So she got legal advice and after a few months of asking them why? she wrote a letter to them asking for everything they had on file about her, phone calls, everything. Then a few days later she gets a letter saying 'we told you we were going to appeal against the decision, we are not anymore' something like that, no explination or anything.
Does anyone know why they did this or have you ever heard of them appealing against the decision of the tribunal?
Anyway after 15ish months they have awarded her and the back pay will be in her bank by the end of the week (where have I heard that before lol)
Now she has told the Tax credits that she has been awarded and they have taken dates which she was working (lost her job a month ago) but it will be about 14 months. They have said they will re calculate her award in the next 14 days. They havent said if she'll be entitled to the disability element or not. Will she be? And will they back pay it for about 14months?
Any advice, thank you in advance
xxxxx

Normally, WTCs can only be backdated for 93 days but there are exceptions where there is a delay in a qualifying benefit being paid.

It's my understanding that DLA entitles a person to claim the disability element of WTCs, but maybe one of my fellow moderators could confirm that.

Survivor wrote:

Normally, WTCs can only be backdated for 93 days but there are exceptions where there is a delay in a qualifying benefit being paid.

It's my understanding that DLA entitles a person to claim the disability element of WTCs, but maybe one of my fellow moderators could confirm that.

DLA would get you the first part of the WTC award about £2,000 a year the higher rate care gets you the extra £900 a year

There is no need to get DLA to get the £2,000 award on WTC ... someone who says has a mental health problem and on a regular routine sees there CPN would get it


see here


1.When standing he cannot keep his balance unless he continually holds onto something.
2.Using any crutches, walking frame, walking stick, prosthesis or similar walking aid which he habitually uses, he cannot walk a continuous distance of 100 metres along level ground without stopping or without suffering severe pain.
3.He can use neither of his hands behind his back as in the process of putting on a jacket or tucking a shirt into trousers.
4.He can extend neither of his arms in front of him so as to shake hands with another person without difficulty.
5.He can put neither of his hands up to his head without difficulty so as to put on a hat.
6.Due to lack of manual dexterity he cannot, with one hand, pick up a coin which is not more than 2½ centimetres in diameter.
7.He is not able to use his hands or arms to pick up a full jug of 1 litre capacity and pour from it into a cup, without difficulty.
8.He can turn neither of his hands sideways through 180 degrees.
9.He is registered as blind or partially sighted in a register compiled by a Local Authority under section 24(9)(g) of the National Assistance Act 1948 or in Scotland, has been certified or registered as blind or partially sighted in a register maintained by or on behalf of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or in Northern Ireland, is registered as blind in a register maintained by or on behalf of a Health or Social Services Board.
10.He cannot see to read 16 point print at a distance greater than 20 centimetres, if appropriate, wearing the glasses he normally uses.
11.He cannot hear a telephone ring when in the same room as the telephone, if appropriate, using a hearing aid he normally uses.
12.In a quiet room he has difficulty in hearing what someone talking in a loud voice at a distance of 2 metres says, if appropriate, using a hearing aid he normally uses.
13.People who know him well have difficulty in understanding what he says.
14.When a person he knows well speaks to him, he has difficulty in understanding what that person says.
15.At least once a year during waking hours he is in a coma or has a fit in which he loses consciousness.
16.He has a mental illness for which he receives regular treatment under the supervision of a medically qualified person.
17.Due to mental disability he is often confused or forgetful.
18.He cannot do the simplest addition and subtraction.
19.Due to mental disability he strikes people or damages property or is unable to form normal social relationships. 20.He cannot normally sustain an 8 hour working day or a 5 day working week due to a medical condition, or intermittent or continuous severe pain.
21.For initial claims only*, as a result of an illness or accident, he is undergoing a period of habilitation or rehabilitation.
22.* An initial claim is a claim for the disability element of WTC from someone who has not qualified for the disability element of WTC, or for DPTC, in the two years immediately preceding the claim.



all the above count as...........


Disability which puts a person at a disadvantage in getting a job

Thanks very much for that. Do you think they will backdate it for the full amount of time she was entitled?
xxxxx

QueenyV wrote:

Thanks very much for that. Do you think they will backdate it for the full amount of time she was entitled?
xxxxx

doubt it the rules are just changing to make it harder to back date, you use to have three months to tell them about changes and get claims back dated, I think its now one month, that might not come in to april

The rates for disability tax credits are

now more than I thought

first part £2,570 (as per long list I posted)

the extra rate with higher rate care is another £1,095

hi all
been reading this thread with interest - can i just ask one more question - to get working tax credit disability element is it the person who actually gets DLA has to be working to get it?...only asking as last year i was awarded high rate care my partner got 900 ish disability element for me......but my renewal this year been knocked down to low rate.....
???
thanks
shrimp