Backdating incapacity benefit
If the claimant is part of a couple, and one of them is disabled but not working, they won’t get the disability element included.If they both meet all three conditions, they will qualify for two disability elements.
However it was common for everyone, including HMRC, to refer to a disabled child element and severely disabled child element.
Claimants can get this even if they don’t qualify for the disability element.
This is because there is no requirement that the disabled person must work to get this element so if the worker has a partner who doesn’t work but meets the condition below, they will get the severe disability element included.
It is also worth a considerable amount of money to low income claimants. To get the disability element, the claimant must meet all three conditions below for each day of their claim.
CONDITION 1: The claimant must work at least 16 hours a week The disability element is only for those who are working.
CONDITION 2: The disability must place them at a disadvantage in getting a job The meaning of this expression, in tax credits terms, is that they have one of a number of disabilities which HMRC have set out in a list.