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HMRC internal manual

Tax Credits Manual

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HM Revenue & Customs
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Extra information: glossary: Q

Qualified person - family member of

A family member of a qualified person has a right to reside in the United Kingdom (UK) for as long as they remain a family member of that person.

A qualified person is a person who is in the UK as a

  • worker
  • self-employed person
  • student
    • or
  • work seeker.

A family member is

  • in the case of a student
    • a spouse
    • a civil partner
    • any dependant children.
  • in any other case
    • a spouse, civil partner and any descendents of the qualified person who are dependent on them or are under 21 years of age
    • dependent relatives of the qualified person or civil partner in the ascending line.

For a person to have a right to reside as a family member of a qualified person who is a student, the qualified person must have sufficient resources not to become a burden on the social assistance system of the UK during their period of residence, for both themselves and their family members.

For a person to have a right to reside as a family member of a qualified person who is self-sufficient, the qualified person must have sufficient resources not to become a burden on the social assistance system of the UK during their period of residence, for both themselves and their family members.

Note: For the purposes of being self-sufficient and students to be regarded as self-sufficient, the resources of the person concerned and any applicable family members must exceed the level of resources which a UK national and their family members should possess if they were to become eligible for UK benefits.

Note: A self-sufficient person must have Comprehensive Sickness Insurance (CSI) in the UK for themselves and their family members. A student must have CSI in the UK for themselves. To see what documents are acceptable as evidence of CSI see glossary, extra information, Comprehensive Sickness Insurance (CSI) TCM0320080.

Qualifying benefit test for the disability element of WTC

A customer satisfies the qualifying benefit test for the disability element if

  • they received one of the following benefits in the last 26 weeks before the date the claim was received
    • short-term Incapacity Benefit at the higher rate or long-term Incapacity Benefit
    • Severe Disablement Allowance
    • Income Support (IS) that includes a disability premium or a higher pensioner premium
    • Jobseeker’s Allowance - income-based, which includes a disability premium or a higher pensioner premium
    • Employment and Support Allowance (ESA) which they have received for 28 weeks or more or where they have received a combination of ESA and Statutory Sick Pay (SSP) or Incapacity Benefit at the short-term higher or long term rate or Severe Disablement Allowance or IS with a disability premium or a higher pensioner premium, for a combined period of 28 weeks or more

Note: The 28 weeks does not need to be a single continuous period. You can add together any periods that the customer has received ESA as long as the periods were not any more than 12 weeks apart. You can add together any periods that the customer received SSP as long as the periods were no more than eight weeks apart. You can add together any periods that the customer received a combination of SSP and periods they received any of the other benefits listed above as long as the periods were no more than 12 weeks apart.

    • National Insurance credits awarded on the grounds of limited capability for work due to exhaustion of 12 months entitlement to contribution-based ESA. This criterion is only applicable from 30 April 2012
    • Housing Benefit that includes a disability premium or a higher pensioner premium
    • Council Tax Reduction Scheme that includes a disability premium or a higher pensioner premium
      • or
  • in the eight weeks before the date the claim was received they were engaged in training for work and in the eight weeks immediately before they started training for work they received one of the following

    • short-term Incapacity Benefit at the higher rate or long-term Incapacity Benefit
    • Severe Disablement Allowance
    • contribution-based ESA (ESA (C)), where entitlement to this has existed for 28 weeks or where they have received SSP or Incapacity Benefit at the short-term higher or long term rate or Severe Disablement Allowance, followed by ESA for a combined period of 28 weeks or more

Note: On the days the customer received SSP they must have met the conditions to receive ESA (C).

Note: The 28 weeks does not need to be a single continuous period. You can add together any periods that the customer has received ESA as long as the periods were not any more than 12 weeks apart. You can add together any periods that the customer received SSP as long as the periods were no more than eight weeks apart. You can add together any periods that the customer received a combination of SSP and the periods they received any of the other benefits listed above as long as the periods were no more than 12 weeks apart.

* National Insurance credits awarded on the grounds of limited capability for work due to exhaustion of 12 months entitlement to contribution-based ESA. This criterion is only applicable from 30 April 2012

or

  • they have received for at least 140 days, the last of which falls in the 56 days immediately before the date the claim was received, one of the following
    • SSP
    • Occupational Sick Pay
    • short-term Incapacity Benefit at the lower rate
    • IS, on grounds of incapacity for work
    • ESA
    • National Insurance credits awarded on the grounds of having an incapacity for work or limited capability for work
      • and
    • they have a disability at the date of claim which is likely to last for at least six months or the rest of their life
    • their gross earnings are at least 20% less than they were before the disability began, with a minimum reduction of £15.00 (gross) weekly

Note: The 140 days does not need to be a continuous period. It can be made up of any periods of receipt of the benefits listed above which are separated by eight weeks or less.

or

  • they were entitled to the disability element of WTC in the last eight weeks
    • and
  • the initial claim where they were awarded the disability element was based on one of the qualifying benefit tests above or Disabled Persons Tax Credit (DPTC)

or

  • they are getting one of the following benefits
    • Disability Living Allowance/Personal Independence Payment
    • Attendance Allowance
    • War Disablement Pension (that includes Constant Attendance Allowance or a Mobility Supplement)
    • Industrial Injuries Disablement Benefit (that includes Constant Attendance Allowance or a Mobility Supplement)
    • an invalid carriage or other vehicle provided under the Invalid Vehicle Scheme.

Qualifying body registration

A person has registered with a qualifying body where they have registered with one of the following organisations as being available for work or training. The organisation with which a person can register depends on where they live, but it must be

  • (in England and Wales) the Careers Service or Connexions or Local Authority Support Services
  • (in Scotland) the Careers Service
  • (in Northern Ireland) the Careers Service of the Department for Employment and Learning
  • (in the European Union) any similar body
    • or
  • the Ministry of Defence.

Note: For more detailed information, use chapter TCTM02230 of the Tax Credits Technical Manual.