What benefits am I entitled to?
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Working tax credits with disability element.

Hi there, from 2004-2008 I was on Incapacity Benefit, around 4 and a half years. I then got help from pathways to work and various other places to get me back into work. They helped me fill in an application form for working tax credits with the disability element and I've been claiming this ever since. Just before Christmas I was asked to send in some wageslips to the Tax credits office as they were doing random checks. Then on the 25th Jan my tax credits got stopped with no warning at all. I called them and was told that I had been getting the disability element and wasn't entitled to it as wasn't getting any benefits. They say I've been overpaid more then £5000 in the last couple of years and they want it back and because of this I've been paid too much this year and won't get another penny. In April they'll be paying me £18 a week as the rest of my entitlement will be taken in repayment. I've been left absolutely broke as on a low wage and have had to get foodbank vouchers just to feed myself. I read somewhere that if you were on Incapacity Benefit prior to claiming working tax credits with disability, you will always be entitled to claim the disability element. I still have a disability and I'm in a right state over this as I get an NHS exemption certificate which enables me to get all the medications I need each month for free. I don't know what i'll do without this. I certainly can't afford to be in debt over £5000. Please can someone let me know if I'm still entitled to the disability element of working tax credit. I've called in several times but they just tell me to put it in writing, which I have, and I'm still waiting to hear back. I'm just hoping someone on here will know.


  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Hello @aggietrac,

    There are two levels of "disability" for Tax Credits. Incapacity Benefit would qualify for the lower level one. Enhanced Rate DLC of PIPS would qualify for the higher level.

    Try the Tax Credits calculator to check it.
  • aggietracaggietrac Member Posts: 2 Listener
    Am I still entitled to the disability element of working tax credit even though its been several years since I claimed Incapacity benefit? I've read that I am entitled to it on several different websites (I'm still working and claiming tax credits and have done for 8 years) but I'm still waiting for Tax credits to get back to me. I don't claim any other disability although I have put in a claim for PIP now.
  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Probably not from Incapacity Benefit then. They do accept a claim if "you have a disability that makes it hard for you to get a job, eg you’re deaf or blind."
    You'll have to discuss your circumstances with them.

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