TCTM02520 - Entitlement: WTC entitlement - Disability element: Meaning of training for work and receipt, received, payable
Training for work
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, Reg. 9B
- A person is training for work Under section 2(1) of the Employment & Training Act 1973(23) or
- Under section 2(3) of the Enterprise & New Towns (Scotland) Act 1990 (24), or
- Under section 1(1) of the Employment & Training Act 1950(25), or
- If on a course which they attend for 16 hours or more a week in pursuit of occupational or vocational skills
The period 鈥榯raining for work鈥� means a series of consecutive days of training for work and disregards any days on which the claimant was:
- On holiday
- Attending court as a justice of the peace, a party to any proceedings, a witness or a juror.
- Suffering from some disease or bodily or mental disablement where they are unable to attend work or if they did they would put the health of other persons at risk.
- Looking after a child because the person who normally looks after the child is unable to do so.
- Looking after an ill member of the family who needs caring for.
- Required to deal with a domestic emergency
- Arranging or attending the funeral of their partner or relative
- Authorised by the training provider to be absent from training for work
Definition of Relative
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, Reg. 9B(4)
For the purpose of the above statement relative means:
- grandparent
- grandchild
- uncle
- aunt
- nephew, or
- niece
Definition of Close Relative
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, Reg. 9B(4)
Generally the definition of close relative is:
- parent
- parent in law
- son
- son in law
- daughter
- daughter in law
- step parent
- step son
- step daughter
- brother
- sister
- or the partner of any of the above.
Receipt, received, payable
The meaning of 鈥減ayable鈥� is not the same as 鈥渋n receipt of鈥�. The word 鈥減ayable鈥� means 鈥渙f a sum of money, a bill, etc. that is to be paid; falling due (usually at or on a specified date or to a specified person鈥�. The phrase 鈥渋n receipt of鈥� means 鈥渁n amount of something received (e.g. money)鈥� or 鈥渢he action of receiving something, or the fact of something being received, into one鈥檚 possession or custody鈥�. Therefore, if there was no incapacity benefit owing to the claimant, but the claimant was, in fact, receiving it, the claimant is in receipt of the benefit for tax credit purposes.
In cases where a benefit has been incorrectly paid HMRC should consider whether or not the customer had disability which put them at a disadvantage in getting a job at the date of claim, as per TCTM02530.