Help for employees
Whilst the number of disabled people in work has very slowly risen over the last ten years there are still many who are not in employment but wanting to work.
Here we discuss what help is out there for potential employees – including those who are self-employed.
What help is available?
What is Blind Persons Allowance (BPA)?
What tax relief and exemptions are available for disabled employees?
Tax relief for equipment services and facilities
Tax relief for home to work travel
Tax and the provision of cars and fuel
Other tax reliefs
Am I eligible?
What can the money be used for?
What if I want to employ a support worker?
What do I have to report for tax purposes?
Can you tell me more about working tax credit?
What is the disability element?
What is the severe disability element?
How can I claim the disability related elements?
Self-employment and tax credits
How might Universal Credit help?
The government want to improve employment support for disabled people and those with health conditions. However against this backdrop, it is perhaps disappointing that in general, the tax and National Insurance rules themselves give little additional and specific support for people with disabilities.
Help, as there is, comes in three ways:
- Small adjustments to the tax rules to acknowledge disability – The Blind Person’s Allowance (BPA) is perhaps the most well-known acknowledgement of disability in the tax system.
- Assistance through the Access to Work scheme – not a tax programme but has tax implications.
- The extra payments included in tax credits for those with disabilities.
The rest of this section explains each of these in more detail.
The BPA allows you to receive an additional amount of income without having to pay tax. It does this by increasing your personal allowance.
The basics of the BPA are described on the Low Incomes Tax Reform Group’s website. Importantly, you do not have to be entirely without sight to claim the BPA and although entitlement to the allowance is not dependent on age, we know that the likelihood of poor eyesight increases in older age and the BPA goes unclaimed by many who are entitled to it. The BPA is not given automatically, you must make a claim for it.
Expenses or benefits that are paid for by an employer, for an employee’s personal use, are usually taxable. There is no general exemption for disabled employees but there are some relaxations to the rules and a few specific exemptions which should be considered.
We explain the following on the remainder of this page:
- Tax relief for equipment, services and facilities
- Tax relief for home to work travel
- Tax and the provision of cars and fuel
- Other tax reliefs
Normally where an employer provides equipment or services to an employee for private as well as business use, a taxable benefit will arise. However, if an employee is disabled and the employer makes available any equipment, services or facilities to enable them to take up or stay in work, then no taxable benefit will arise even if there is substantial private use. This tax exemption is subject to the following conditions:
- The employer must make similar benefits available to all of their disabled employees.
- The main purpose of the benefit must be to enable the employee to do their work. For example, this might cover: the provision of a hearing aid; a reader for someone with a visual impairment; a support worker for practical help in getting to and from work; new equipment or alterations to existing equipment; or alterations to the premises to accommodate the employee.
- Either the benefit is one that the employer must offer under the terms of the Equality Act (EA) 2010 or similar legislation, or it is provided under the Access to Work programme.
Note also that this exemption only applies where the employer or a third party meets the cost. Disabled employees cannot claim a tax deduction for costs which they bear themselves and are not reimbursed by their employer.
Some further details of this exemption can be found on the HMRC website.
In general, there are strict rules which ensure that the costs an employee incurs in travelling between home and work cannot usually be claimed as an allowable expense against their taxable income. If an employer pays or reimburses the cost, then this amount becomes a taxable payment.
However, no income tax or National Insurance contributions (for either the employer or the employee) are payable if transport is provided between home and work for a disabled employee, or if the employer pays for such transport or reimburses the expense incurred.
The definition of disability for this purpose draws on the definition of disabled person in EA 2010 of 'a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities,' however the EA 2010 meaning is more wide reaching than the tax meaning, therefore it is important that you are aware that there could be a few certain circumstances where a disabled employee does not qualify for tax exemption even though that employee may be within the meaning of “disabled person” for other purposes. See here for further details on this.
This exemption does not cover the provision of a car, which is subject to other rules – see below.
Note that again disabled employees cannot claim a tax deduction for costs which they bear themselves and are not reimbursed by the employer.
In general, a taxable benefit charge on the provision of a company car and/or fuel can only be avoided by an employee where the car and/or fuel are available for business use. However, these rules have been adapted to remove or reduce the charge for disabled employees.
For example, there are circumstances in which a disabled employee is not taxed if the employer provides a car or fuel, or pays or reimburses any related expense. This is where:
- the car is specially adapted for the employee’s use, or fitted with automatic transmission because the employee cannot use a manual gearbox, and
- the employee uses the car only for business travel or for ordinary commuting between home and work (and travel to training).
You can find more information on this on GOV.UK here.
The definition of disability for this purpose is that of 'a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities'. See HMRC's website here for further important information about this definition.
This exemption is highly restrictive as it prohibits any private use of the car. Private use might include a call to the doctors on the way home from work, or regular small detours to a newsagent on the way to work. If the employee's private use of the car strays into these realms then car and fuel benefit should be reported (on form P11d). It is therefore easy to trigger inadvertent financial consequences here, so it is important to be aware of the rules.
Whilst the car benefit charge cannot be avoided if there is to be any private use of the vehicle, the fuel charge can be mitigated by the disabled employee paying for all private use fuel.
In cases where there is a car benefit charge to calculate, there are a number of differences that may apply to reduce the value of the car benefit charge for disabled employees which we will go on to discuss.
Specific rules for calculating company car benefit for disabled employees
In order to calculate any car benefit charge for an employee you need to know:
- the list price of the car at the date of registration;
- the cost of any accessories fitted to the car initially or added later; and
- the CO2 emissions of the vehicle.
Adjustments can sometimes be made to reduce these figures where a disabled employee uses the car. As these figures form the basis of the calculation of the tax charge, any reduction in them will have a direct impact as the amount of the taxable benefit will reduce too. The possible adjustments are as follows.
When calculating the benefit for an automatic car, the list price of the equivalent manual car should be used in the calculation if it is lower, provided the disabled person must use an automatic version because of their disability. To qualify the disabled person has to hold a disabled person’s parking badge.
In a similar fashion, the carbon dioxide emissions figures for an equivalent manual car should also be used.
Any special equipment designed solely to enable a disabled person to use a company car is exempt from tax if provided by an employer. So, the value of accessories that are added to convert a car for a chronically sick or disabled person can be ignored, such as fittings to enable a wheelchair user to drive the car or hand controls for people unable to operate ordinary pedal controls.
Additionally, the value of certain other accessories can be ignored where they:
a) are included in a car provided to an employee who holds a disabled person's parking badge when the car is first made available, and
b) are made available for use with the car because that equipment enables the employee to use the car despite the disability which entitled him or her to hold the parking badge.
What this means is that if an employee who holds a disabled person's blue badge is provided with non-standard ‘generic’ accessories (such as power steering) because the employee requires that accessory to overcome his disability, these accessories are disregarded when calculating the car benefit charge.
Termination payments – when an employment ends, an employer will sometimes make a final payment to the employee, which might include compensation for losing their job or payment in lieu of notice.
This is a complex area, and payments can be entirely exempt from tax, partially exempt from tax or fully taxable, depending on the nature of payment and circumstances in which it is made. However, a payment or benefit provided ‘on account of’ a disability of an employee when an employment ends will generally not be taxable.
Use the link to find out more and see examples of what HMRC mean by ‘on account of’ a disability.
Business travel – if a director or employee needs a spouse or partner to travel with them overseas on business trips because their health is so poor that they cannot undertake foreign travel unaccompanied, the director or employee should not be charged tax if their employer bears the costs of their spouses or partner's travel. This includes reasonable hotel expenses.
You can find more information about this in HMRC's employment income manual.
Under the Fit for Work service, employees are able to get expert advice which can help address any issues impacting their well-being at work and help them stay in or return to work. A related tax exemption exists, so that an employer can make a contribution of up to £500 a year for each employee on medical treatments recommended by the Fit for Work service (or other employer-arranged occupational health service).
You can find more detailed information about this in HMRC's employment income manual.
Self-employment is considered important for disabled people because it may offer a more convenient and flexible method of working. A self-employed person is someone who runs his or her own business or earns money on a freelance basis. You may be running the business in your own name as a sole trader or in partnership with others.
It is important to be sure that the tax office accepts that you are self-employed and not actually employed and further advice on this and other self-employed issues can be found in the 'self-employed' section of the Low Incomes Tax Reform Group website, and here on this site.
As with employment income, there is no blanket tax exemption or deduction for the extra costs you incur on account of your disability. However any expenditure which is wholly and exclusively incurred for business purposes can be deducted from your taxable business income. This could include adjustments made to your office premises to accommodate you as well as books in special formats and specialist equipment.
The Access to Work scheme is run by the Department for Work and Pensions (DWP) and gives grants to help people start working or stay in work. This includes self-employment. You may qualify for help if you are disabled or have a health or mental health condition. You can find out more about this at GOV.UK.
There is a similar scheme in Northern Ireland. You can find out more from NI Direct.
We look at the following on the remainder of this page:
You may also be interested to read a Department for Work and Pensions press release from March 2015 ‘New measures to support more disabled people into work’ which outlines proposed changes to the Access to Work system – some of which we refer to in the remainder of this section.
You will only be eligible if your employer is based in England, Scotland and Wales. But as mentioned above there is a similar scheme in Northern Ireland – see NI Direct for more information.
To qualify you must be aged 16 or over and in a paid job or self-employed (information on eligibility for self-employed awards can be found in the Access to Work staff guide). You can also qualify if you are about to start a job or work trial. It is not available for any voluntary work. You might also qualify if you’re getting New Enterprise Allowance (but not during the mentoring phase for customers who started NEA on or after 5 January 2015) or starting work experience under a Youth Contract.
The main requirement is that the disability or health condition you have affects your ability to do your job or means you have to pay extra work-related costs.
You might not be able to qualify if you receive certain benefits. You should speak to the Access to Work helpline to find out more.
Access to Work grants can contribute to the additional employment costs resulting from disability that an employer would not normally be expected to fund. The money can be used to pay for a wide range of things such as adaptations to the equipment you use, to purchase special equipment, meet your fares to work if you can’t use public transport and even provide a support worker to help you in your workplace. You can apply for help whether you are employed or self-employed.
Access to Work does not provide the support itself, but provides a grant to reimburse the cost of the support that is needed. An application has to be made by the self-employed person or employee (not their employer), so that an assessment can be made of their needs in the workplace and the appropriate level of grant can be calculated and arranged.
Access to Work can pay up to 100 per cent of the approved costs if an individual is:
- Unemployed and starting a new job
- Working for an employer and have been in the job for less than six weeks
Access to Work will also pay up to 100 per cent of the approved costs of help with:
- Support workers
- Fares to work
- Communicator support at interview
Note that Access to Work grants are subject to a limit of one and a half times the national average salary (equivalent to £40,800 at current rates) for new claimants from 1 October 2015, and for existing claimants from 1 April 2018.
In some cases, there may have to be an arrangement where DWP pays a proportion of the costs, for example where the Access to Work customer is working for an employer, they've been in the job for six weeks or more and they need special equipment or adaptations to premises.
Note that in February 2016, the government announced the Department for Work and Pensions has begun testing the use of personal budgets within Access to Work. This move is intended to give Access to Work users more freedom over how they use the money allocated to them, helping them manage their support in a more tailored, efficient and cost-effective way.
You may want to use your grant to employ someone to support you (a support worker). If you are self-employed, taking on a support worker is similar to taking on a personal assistant using a social care personal budget. It means you could become an employer and need to think about paying wages, tax, National Insurance and employment law. You can find more information on how to deal with becoming an employer throughout this website.
If you are an employee, it may be that your employer gets the grant to employ a support worker for you, in which case they deal with the consequent employer and tax obligations.
There is very little factual guidance on this from HMRC or DWP, and indeed back in 2011 LITRG reported on the lack of dedicated guidance from HMRC on these matters. We are taking this up again with both departments, but in the meantime we outline below our view of how Access to Work grants should be treated for tax purposes.
If you have received Access to Work funding yourself, for example for travel costs, you do not need to report anything to HMRC as the grant is not taxable income if it is expended entirely on the costs it is intended to reimburse.
If you are an employee, your employer may receive part of the grant, for example to cover expenses of equipment that they provide for you or to employ a support worker to assist you. (This is different to you taking on a support worker personally, which could result in obligations on you as an employer, as mentioned above.)
You will not be taxed on the value of those items or cost of providing a support worker as a personal ‘benefit in kind’. The tax rules specifically prevent a tax charge arising in those circumstances. (For anyone with a technical interest in the law, this protection can be found in the Income Tax (Benefits in Kind) (Exemption for Employment Costs Resulting from Disability) Regulations 2002, SI 2002/1596.)
Generally, grants have to be accounted for in the business’s accounts. There is no specific exemption from tax for Access to Work grants, so we have to rely on normal accounting practice which says that government grants have to be accounted for in the business accounts. For those with an interest in the technical detail, this is in accordance with SSAP4, which explains how Government grants should be dealt with under those rules:
“The ‘accruals’ concept requires that revenue and costs are accrued, matched with one another so far as their relationship can be established or justifiably assumed, and dealt with in the profit and loss account of the period to which they relate. Government grants should therefore be recognised in the profit and loss account so as to match them with the expenditure towards which they are intended to contribute.”
Employers or the self-employed should therefore:
- include the full amount of the Access to Work grant for the relevant period as ‘income’ in their accounts (the relevant period being date of receipt of accounts are prepared on the ‘cash basis’, or the period for which payment is due if preparing ‘accrued’ accounts)
- deduct the full expense of equipment provided or paying a support worker as an expense (again on a ‘cash’ or ‘accruals’ basis depending on your elected method of accounting).
By and large, this should mean there is no effective tax charge as the amount of the grant and the expense incurred will often match (indeed, we understand that usually Access to Work operates by the expense first being incurred and then reimbursed on submission of receipts, so often match exactly).
Where confusion might occur is where the cost of support provided to the employee does not match the amount of the grant. Say, for example, the Access to Work scheme has approved a cost of £200 for a certain piece of equipment for the eligible employee, but the employer decides to help their employee further by choosing a more expensive model for £300. We understand this is perfectly permissible under the Access to Work scheme, but the grant will only cover the lower amount of £200 if that is adequate for the employee’s needs. The employer will include £200 of grant income in their accounts, then claim a deduction of £300 for the expense incurred. By following the principle of including the grant in full, then claiming the deduction in full, the accounts will always produce the right result – that is, that the employer gets a ‘net’ expense of £100 relieved for tax purposes for the support they have provided over and above the grant.
Such a mismatch in grant income and cost can also occur where the one and a half times the national average salary cap applies or where Access to Work only covers a percentage of the costs, as can be the case when an employee has been working for six weeks or more in a job but then applies for a grant.
WTC is for people who work – either on employed or self-employed basis, whether or not you are responsible for any children. CTC is paid to people who are responsible for children, whether you are in work or not. An additional amount may be payable in respect of disabled or severely disabled children.
This guidance is aimed at working disabled people, so in this section, we will concentrate on the provision made through WTC as there are special rules in WTC for those with disabilities which mean you might be entitled to more money because of your disability. You might also qualify for working tax credit by working fewer hours than those who have no disability.
It is important to understand that you may have a disability but that may not qualify you as disabled for tax credit purposes.
We look at the following on the remainder of this page:
Can you tell me more about working tax credit?
What is the disability element?
What is the severe disability element?
How can I claim the disability related elements?
Self-employment and tax credits
How might Universal Credit help?
You can find more detailed information on tax credits and disability on our Revenue Benefits website.
Working tax credit (WTC) is made up of different elements. When HM Revenue & Customs (HMRC) work out how much to pay you, they first have to work out the maximum you can get. This maximum is found by adding together all of the elements you qualify for.
There are two elements that are important for those with disabilities:
The disability element is significant. If you qualify for the disability element and do not have children, you can get WTC by working at least 16 hours per week (rather than 30). If you are part of a couple and have responsibility for a child or children, it means you can get WTC by working at least 16 hours rather than 24 hours as required for most couples with children from 6 April 2012. It may also mean you get more money each week from WTC.
Tax credits are calculated on a daily basis. To get the disability element, you must meet ALL 3 CONDITIONS below for each day of your claim.
It is important to note that it is the person working who must qualify for the disability element. If the claimant is working (and has no disability) and their non-working partner is disabled there can be no disability element included (however the non-working partner may qualify for the severe disability element – see below).
If both you and your partner fulfil these conditions, you are each entitled to a disability element.
CONDITION 1: You must work at least 16 hours a week.
CONDITION 2: Your disability must place you at a disadvantage in getting a job.
The meaning of this expression, in tax credit terms, is that you have one of a number of disabilities which HMRC have set out in a list. You can find that list on leaflet TC956 produced by HMRC. You must meet one of the descriptions on the list to pass this part of the test.
CONDITION 3: You must receive or have previously received a qualifying benefit.
A list of disability-related benefits is set out in the law, at least one of which you must be receiving now, or have received at some time in the recent past. You can find the benefits and rules for each a set out in leaflet TC956 produced by HMRC. You do not need to meet them all, as long as you meet at least one of them, you will satisfy condition 3.
The qualifying benefits test can be confusing. If you are not sure whether you qualify you should seek advice as if you incorrectly tell HMRC you qualify for the disability element you may end up with an overpayment that you will have to pay back.
If you are disabled, you might get one of the following:
- Highest Rate Care Component of Disability Living Allowance*
- Higher Rate of Attendance Allowance
- Enhanced Daily Living Component of Personal Independence Payment*
- Armed Forces Independence Payment.
If so, you may qualify for a further amount of Working Tax Credit because of your severe disability. This is called the 'severe disability element'.
*It is easy to get confused with the different levels of disability living allowance (DLA). There are two parts to DLA – mobility and care. There are three mobility levels: Lower, middle and higher. There are two care levels: Middle and higher. Only the Highest rate of the care part of DLA allows you to receive the severe disability element. If you receive any of the other parts of DLA, even the highest rate of mobility, you will not qualify for this element. If you are unsure which level of DLA you get, check your award letter from the Department of Work and Pensions.
Similarly, there are two parts to the Personal Independent Payment (PIP) – the daily living component and mobility component. Within each component there are two rates – standard and enhanced. Only the enhanced level of the daily living component of PIP qualifies for the severe disability element.
You will not be able to get the severe disability element unless you qualify for Working Tax Credit. This means that you or your partner will need to be working a certain number of hours. However, unlike the disability element, there is no requirement that it must be the severely disabled person who is working. This means that in the case of a joint claim, the person with the severe disability does not have to be working.
If you are making your first claim for the tax credits, you will be asked to tell HMRC whether you qualify for either the disability element or severe disability element (or both) by ticking boxes on the claim form. You should ensure you read the notes (TC956) very carefully as if you tick the box incorrectly you may have an overpayment that has to be repaid.
If you are already getting tax credits, but think you might now qualify for one of the elements above, you need to ring the tax credit helpline on 0345 300 3900 (text phone 0345 300 3909) as soon as you are awarded your qualifying disability benefit. As long as you tell HMRC within one month of your disability benefit being awarded, the tax credit elements should be backdated to the start date of your disability benefit. These backdating rules are complicated and more information can be found in the tax credits section of the Low Incomes Tax Reform Group website.
For claims prior to April 2015, there was no restriction on claiming WTC for people who were self-employed, providing the work was done for payment, or in expectation of payment, and they met the remunerative work conditions. From 2015/16, a test is applied so that in order to qualify for WTC a self-employed claimant will need to be carrying on an activity which is “commercial” and “profitable” (or working towards profitability), and is organised and regular.
HMRC consider the test met when a person’s average hourly profit from their self-employed work is at least the National Minimum Wage. You can find some general information about this change on our Revenue Benefits website.
LITRG felt that such a test was unfair on disabled people. Therefore, following representations, the way HMRC implement the rules for self-employed disabled people has been amended so that they consider the test is met where earnings are at least the equivalent of the minimum number of hours required to qualify for WTC (i.e. 16) x National Minimum Wage (NMW) per week (unless the disabled person declares 30+ hours and receives the 30 hour premium – in which case their situation will be tested against 30 hours x NMW).
Those with earnings less than this will likely be selected for investigation and asked to provide evidence that their work is commercial and profitable, organised and regular. HMRC may ask to see business records and, or further supporting documents such as a business plan, future cash flow and profit projections, trade specific documents or information on what work there is in the pipeline as described on GOV.UK here.
Newly self- employed will need to demonstrate how they intend to carry on their self-employment on a commercial basis and how their self-employment will become profitable, organised and regular.
HMRC have said that any cases involving disable people will be dealt with sympathetically, taking account of the fact there may be particular circumstances to consider.
Universal Credit is set to eventually replace tax credits but it is being phased in gradually, so tax credits will not disappear for some time.
You can find out more about Universal Credit on the LITRG website.
There is a useful general factsheet on Universal Credit available from Disability Rights UK.
In addition, the Government have a guide on the support that is available for Universal Credit claimants who have a disability or health condition on GOV.UK.
The Government is keen to encourage disabled people in finding employment and to support them in their workplace and there is some helpful information on GOV.UK on things like looking for work if you are disabled, disability rights and the Work Choice scheme, which can help disabled people who find it hard to get and keep a job.
In December 2013, the Government issued a paper setting out a range of proposals to improve employment support and to help disabled people and those with health conditions get into, stay in and progress in work.
A ‘one year on’ update on the Government's progress on improving employment support for disabled people and those with health conditions can be found on GOV.UK here.
The NHS also has some useful information on work and disability.