Disability element

dave5080

Hi

Several years ago my partner had fall and damaged her arm so much it left her partially disabled. She had tests and physio and the outcome was that she would be left partially disabled for life. At the time my partner enquired with the WTC that her hours would be reduced to 16 hours because of her disability, ( by the way she has never claimed for PIP/DLA) now this is the important bit, the guy from WTC mentioned that she could claim disability element  as long as she met the criteria and conditions , which she did at the time , but she did mention to him that she is not claiming PIP/DLA , he said you do not have to claim as long as you meet their 3 conditions which are below and that they needed proof via letter of her disability which she had sent  .  

1. Work 16 hours
2. Cannot lift a jug of water
3  Claim WTC 

She also had a letter from Pathways at the time saying she qualified for the disability element but can you claim indefinitely without being on PIP / DLA ? so confused

Is there anyone to clarify that this is right as my partner is a little worried it may be wrong.?

poppy123456

Hi,

The information you've been given is incorrect. he first qualifying test is...you must have a physical or mental disability that puts you at a disadvantage of getting a job. Which is the disability test.

The following test is the benefit test and you must meet one of the conditions in the following link.

https://www.entitledto.co.uk/help/qualifying-benefit-test

If she doesn't meet any of those conditions in the above link then she won't be able to claim the disabled element.

dave5080

Still a little confused to be honest. I'm going back years. At the time she had to have time of work because of the fall then she went on to incapacity benefit for around 4 months, that's when she called WTC and at the time she was awarded the disability element but was done over the phone. 
She is doing exactly the same as all those years ago, she still got disability with arm, still on WTC and still 16 Hours PW. 
We have looked at the link you sent but still confused by it all .

poppy123456

Why isn't she claiming the disability element now?

poppy123456

If she's never had a DLA/PIP award then i'm unsure why she was claiming it. Her incapacity benefit in the past wouldn't have qualified her if she was only claiming it for 4 months. You need to be claiming a qualifying benefit for 28 weeks.