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SN children

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Original poster

New working tax credit rules if you have a severely disabled child

36 replies

bigmama1302 · 15/02/2012 19:39

Can anyone advise me on how to start up and get some momentum for an e-petition? I've just had a letter from HMRC telling me that I'll lose working tax credit as of April this year unless I can up my hours to 24 hours a week or more. I have 5 kids, 4 at home - my youngest , who is 4 years old, collapsed just before she was 6 months old following an encephalitic episode and is now hypotonic, can't walk or talk and is doubly incontinent. As a result of that, I've had to reduce my hours to 3 days a week, my husband has given up his job and is receipt of Carer's Allowance for her. I work in a public sector department which is in the process of getting rid of as many staff as they can through voluntary redundancy and early retirement, so upping my hours is not an option. Given my youngest daughters needs, my husband getting work is not an option, me upping my hours is an impossibility...The letter I got states that as a couple, if he is in receipt of DLA we would be exempt and entitled to the old 16 hours rule....but surely if you have a child who is in receipt of the highest rate of DLA and the non-working parent is getting (a whole £53 a week!) DLA this can't be right? At current extimates, not only am I losing 3-5% a year of my income due to the public sector pay freeze, I'm now going to lose £4,000 a year WTC on a part-time wage. Feel like I might as well just give up at the moment to be honest...

OP posts:

Original poster

bigmama1302 · 15/02/2012 19:43

Sorry - hubby gets £53 a week carer's allowance not DLA...apologies for any confusion!

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appropriatelytrained · 15/02/2012 20:08

I can't help with the detail of your question but have you tried sharing these facts with your MP as they are shocking.

It is an absolute disgrace that disabled families are being put under so much pressure. Some MPs are better than others but some will find out this information for you so that they can make sure you are getting what you are entitled to.

Original poster

bigmama1302 · 15/02/2012 20:25

Thank you so much for your support - the problem is that we are having the support (minimal as it was, but much appreciated none the less) that we WERE entitled to taken away from us. Given that we live in Glasgow, I also suspect that whatever my MP says will make little difference to a man that should know better...

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LadySybilDeChocolate · 15/02/2012 20:31

It's worthwhile speaking to your MP as there will be a lot of families in your position. Is there anything that your husband can do from home? Typing/editing or something? He can register as self employed and it will increase your hours.

Original poster

bigmama1302 · 15/02/2012 20:43

No can do as we're also dealing with all his 83 year old Mum's affairs via a power of attorney that she's stramashing about and he's dyslexic (so guess who get's all the paperwork to deal with...) Starting to sound like I'm making it up, but I swear to God I'm not - only bit I haven't added in before this is that I'm also disabled with an unstable disc and various other medical conditions and can only get to my job thanks to Access to Work providing me with transport. Got all the paperwork, scans and neurological reports to prove all of it, but hey ho - what does that matter!!!

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Original poster

bigmama1302 · 15/02/2012 20:54

Sorry - looks like I'm being a bit self indulgently sorry for myself - don't mean to be and never have in my life before signing up today, but am seriously losing my will to keep on going with all of the unecessary crap that I can't even begin to understand why is being put on to families like mine...

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LadySybilDeChocolate · 15/02/2012 21:00

I'm disabled also, I have MS, and it's a worry to me also. I'm self employed as it's the only way that I can choose my own hours. You really do need to look into this, even a dyslexic can do something, it's the only way. There are web sites which buy photographs so if he has a good eye... I don't know how the government can do this to vulnerable families, it's worse then shameful.

KalSkirata · 15/02/2012 21:27

we are in the same position. DH works 17 hours a week as he is dd's Carer (she cant walk or talk, tube fed, doubly incontinent). I do her nights so he can sleep and I also have MS so I cant hold down a job.
We will lose WTC from April. Ive emailed my MP but he says thats how it is.

littlefirefly · 15/02/2012 22:29

Can't you get the disability element of WTC if you have issues like MS or unstable disc? The new WTC rules don't apply if you're working 16+ hours and getting the disability element.

LadySybilDeChocolate · 15/02/2012 22:31

I get that littlefirefly. I work more then 30 hours though as I spread the hours over 7 days. I love what I do though so I don't really see it as work.

lisad123 · 16/02/2012 07:57

Little, I think you need to be in recipt of DLA to get that part of ctc.
I can see their reasoning and think you might not have a choice but to look for another job or dh work a few hours a week. My and my brother are dyslexic and both work, my brother is quite bad with his.
I have 2 disabled children too, it's hard work

FoofFighter · 16/02/2012 08:02

Could you in theory not become an Avon lady or somewuch and declare that as second job/self employment and use the hours from that to bump it up? [clutches at straws]

This is truly disgraceful. Love how the powers that be kept all these changes relatively quiet and snuck them in and now people are becoming aware of them it's far too late to do anything about it all

littlefirefly · 16/02/2012 11:54

lisad123 the link in my post lists the criteria for getting the disability element. You can meet the criteria with DLA, but there are other routes as well (too many to list here). But the other posters didn't confirm that they didn't get DLA anyway and I think it's probably worth applying if they don't, as I'm sure those conditions would result in care and mobility needs, and it would provide protection for their tax credits.

LadySybil If you are getting the disability element, you won't be affected by the changes.

bigmama It's more difficult to go self-employed and get tax credits now. If your DH does decide to go self-employed, he will be regarded as earning at least minimum wage from his hours, even if he's not making a profit yet. It used to be that they based payments on actual income from the business, but too many people had hobby businesses where they wouldn't really have a hope of generating a profit.

KalSkirata · 16/02/2012 12:22

you dont get the disability element if you are a carer looking after a disabled child.

littlefirefly · 16/02/2012 13:31

You wouldn't get it if you are a carer for a disabled child with no health problems of your own.

But bigmama mentioned she was disabled with an unstable disc and various other medical conditions, and LadySybilDeChocolate and KalSkirata both have MS so they could get it based on their own disabilities (although in KalSkirata's case she is the non-working partner so she wouldn't be entitled to the disability element, but they'd be exempt as a couple from these new rules if she got DLA).

KalSkirata · 16/02/2012 14:23

we were told we werent exempt from the 24 hour rule and will lose WTC from April

littlefirefly · 16/02/2012 15:27

Are you not getting DLA or ESA? There are exceptions to the 24-hr rule when the non-working partner is disabled, like yourself, but you have to show your eligibility by getting ESA or DLA.

I know it's not easy to get DLA and ESA but as you can't hold down a job with your MS, you must have some evidence of care/mobility needs and it would mean not losing your tax credits as well.

KalSkirata · 16/02/2012 15:30

I will look into it thanks
But this 24 hour thing will hit so many Carers.

lisad123 · 16/02/2012 17:08

I don't know that it will hit that many carers tbh. All carers I know, one person is working 24+ hours, unless both kids are disabled or the adult is.
I think it will hit families with one working and one studying more

KalSkirata · 16/02/2012 18:02

Many Carers are looking after adult disabled children. Many disabled people require 2 carers (so both parents)
Carers should be exempt full stop. WTC isnt so wondrous that you'd rather not be working full time DH loves his job and absolutely hates working part time and having to be a carer. And on full time pay we'd have money.

lisad123 · 16/02/2012 18:32

Well in which case they should look at people who require two carers and consider this when thy give carers allowance.

lisad123 · 16/02/2012 18:34

but carers are exsept from this rule. Just not both adult carers unless caring for more than one disabled child.

Original poster

bigmama1302 · 16/02/2012 18:52

My understanding is that they introduced this rule to apparently 'harmonise' the dichotemy between single parents and married couples....so if I chucked out hubby (which I feel like doing to be honest sometimes...but then I bet most of us do...). Still don't understand how if we split up, I'd still only have to work a minimum of 16 hours a week, but because we're married and have a profoundly disabled child I have to work at least 24 hours a week? Respnse to people that think I should be getting DLA with my unstable disc...one bit of the DWP agrees as I have a life time award of Industrial Injuries Disablement Benefit..the other bit which gives out DLA doesn't, as my condition is 'unstable rather than continuous'. The new rules wouldn't let we get WTC even if I did get DLA, as the only way we could continue to get it was if my Hubby was getting DLA - but he can't because he's looking after our lovely bunny constantly so getting Carers Allowance...Catch 22 anyone....?

OP posts:

KalSkirata · 16/02/2012 18:55

like I said, some disabled adult-children are so hard both parents are required.

Original poster

bigmama1302 · 16/02/2012 18:58

and carers are most definitely NOT exempt from this discussion or we wouldn't be having it!!!

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