Normally at those types of interview, they will disclose the evidence against you as you go along with answering their questions. They may half way through ask you to watch a video taken of you. Then answer questions on what you saw.

Sometimes as the interview is underway, they may bring out photographs on which you will be questioned.

All I can say is that I admire you tenacity. I had a Industrial accident in 1995 and was awarded IIDB of 80% until 2004. Came 2004, new claim submitted, and after 6 months they came to the decision that my mental health was 'cured' as the medication ( the lithium part) prescribed by the psychiatrist was not recognised by ATOS as being used for mental health problems. It was normally prescribed for stress type problems only??? Therefore I don't have any problems relating to the accident, just a continuation of the stress problems.

What stress problems?? Never suffered with it, no record of it - what are they talking about?

I sent over some reports which showed that the medication WAS issued for mental health reasons. ATOS still said no it isn't - you don't have a problem just stress.

Anyhow after letters going back and forth for nearly a year with them (ATOS) even suggesting that my psychiatrist doesn't know one drug from another. I gave up, it was like hitting my head against a brick wall.

Made a new claim this year (after 7 years of continual suffering) and I enclosed copies of the ridiculous ATOS reports from 04 and updates from my psychiatrist, only to be told that I have to have an assessment with ATOS to see if I am still suffering from the accident.!!!

This I must see, they have to come up with the same argument as if they don't they will look idiots!! Yes he had a problem from 1995 to 2004, then he was cured, then he has the same accident problem again from 2011 - as if - I just know they will say I am suffering stress that existed before the accident.

How can you get these cretins to see sense?

Phew!! I know less now. Why do things have to be so damn complicated?

I never knew about the hospital bit - automatically being treated as not fit for work.

Surely you'll get the back pay from the wrag or support component?

Sometimes it has nothing to do with what 'cash' you get out of it. To some, like me, it is more important to be found to be truthful and that the DWP got it wrong. That is compensation enough - just to know that the DWP could not do their job well enough to make the right decision in the first place.

Well Erika above seems to think that a misdiagnosis is important in an ESA claim.

It's nothing to do with what you can and can't do it seems - that's how I saw it. No different to being told that you have a chesty cough for 6 months only to find out that is actually lung cancer and have 4 months to live.

The diagnosis is different but the abilities still remain the same, yet for lung cancer with life expected under 6 months, you would go straight into the support group.

Sorry Erika, I didn't see your reply - and we were both on the same wavelenth it seems - wierd!

I didn't know that!

One of my conditions, the one that makes walking almost impossible, was diagnosed as arthritis and old age by my GP. Nearly a year later, after being taken into A&E it was found that I had been suffering from Periphial Vascular Disease, and had emergency surgery to remove three bloods clots in one leg, hoping that that would solve the problem, if not the right leg at the hip would have had to come off.

I was put in the support group for my other problems, but if they had have diagnosed the leg problems properly, my original claim would have had a different result.

The above post is correct. Your appeal is about how you were at the time that you failed the assessment.

Whatever has happened since is of no concern to the appeal or to the DWP or even the Tribunal.

If you were found fit for work then the argument is that on that date, the DWP got it wrong.

If things have taken a nosedive healthwise since then, you can apply for a review or maybe even close down the original claim and submit another claim with the new info. However you might have another ATOS medical.

I had a similar situation and ended up in hospital for a a month and a half. I closed down my original claim that I failed as I was finding the appealing bit too stressful. I made a fresh claim, had another ATOS assessment and was put in the support group.

I'l beat that one!!

Put in a claim for Industrial Injury Disablement Benefit in Sept 09. Had a medical, told that yes I was suffering and that yes there is no doubt that what happened was terrible, but because the ATOS 'doctor' said that he had never heard of some of my medication being used for that purpose, presupposed that what I was suffering from then (09) had nothing to do with the original matter. Errr my pyschiatrist had put me on the medication BECAUSE of what happened!

Lost the reconsideration in Jan 10 then appealed. Heard nothing more until yesterday when they rang me up asking if I still wanted the appeal to go ahead after all this time?

OK, they are now putting the submission together for the Tribunal!

Should have a hearing date in maybe June 2012!!! (there is currently a 10 month backlog as per the Tribunal Service in Sutton).

Hi AndyandFlo

 

Have you appealled? Or taken any legal advice?

 

I would say this:

 

The material faxt of the case is that the mortgage you have IS for your curent home, where you live, never mind any previous finance. Therefore you are entitled to SMI, They are splitting hairs and trying it on.

 

It matters not whether you owned or did not before you claimed Pension credit - that is the material question. As you already had the mortgage and the house before you got Pension Credit, then I'd say you have a good chance.

 

Also, if the huse is in your sole name and you have ohers living there who are also in receipt of any benefit, they can claim for YOUR MORTGAGE under the housing costs regs. To prevent their homelessnes, the DWP has to pay any mortgage costs that the owner of the property cannot pay as long as both are living there. This is worth a try.

 

It all depends on whether you have appealed or missed the 28 day deadline.

 

If you missed the deadline, you can re-apply for SMI and then appeal on their decision of turning you down.

 

I was a benefit advisor before having to stop work.

Thanks, I seem to be hijacking your thread. Is that OK by you or should I start another one?

I saw your posting which interested me in the first place.

I still get some guaranteed pension credit, but not the housing costs. They decided against me in March 2010, that the mortgage doesn't count. I just accepted that and have struggled through since then.

They quoted:

You will only get help towards mortgage interest payments for a mortgage or loan to buy or improve your home.

It is a little complicated. My wife has the house in her name only, and the personal unsecured loan was given to me by a friend, and I gave it to her to buy the house with. Then she got the mortgage in her name only. I have never featured as owning the property or anything to do with it. You could say I am a 'long term lodger' in the property. We have been married for over 30 years. I signed a document drawn up by her solicitor when she bought the house with the personal loan that I would not have any call upon the property under any circumstances and that I would vacate the property at any time if my wife served notice on me.

For those few weeks before the mortgage came through for her, the deeds and the land registry show her as sole owner and that there is no charge or mortgage over the property. So the charge put on the property was when the mortgage came through. She therefore owned (on paper) the property outright for those couple of weeks.

That's why the Pension Service are saying that it was 'Equity Release' as she allbeit for a few weeks owned the property outright. What she did with the money from the mortgage she could quite rightly have kept for herself, but instead gave it to me so that I could pay back by friend.

Yes the mortgage is on the home, but it was not used to buy it. She already owned it for which I had a personal debt to repay.

They told me that the criteria was that the mortgage had to be for the purchase of the property, and is there to stop people remortgaging one year, taking the cash and then claiming a benefit the next year. They look at the 'history' of ownership and how the property was originally financed even if it was 25 years ago! Well that's what they say.

I can't see them paying out on the mortgage as we are a couple and whatever I claim for must include her.

The whole thing seems to hinge on the facts that

a. It was an unsecured personal loan with no paperwork or interest being charged in my name.

b. I again loaned this money to my wife with no preconditions written down other than she give me the mortgage money when it came through.

c. The home was 'owned' outright by her before a bone fide mortgage was taken out by her.

d. My wife was under no obligation to give me the equity released by the mortgage.

Because my mortgage was late coming through and I was in danger of losing the house, I borrowed privately (2001) (unsecured) to purchase it. When the mortgage came through two week later, I repaid the private loan in full.

Now I'm out of work, and over 60 I claim Pension Credit top up. I tried to claim for the mortgage interest, but they refused it on the basis that I already owned the house for two weeks before the mortgage was paid out. Therefore treated as Equity Release!

I always thought that with equity release you got some cash back in your hand out of the value of the house. I never did, I repaid one loan with another and never saw a penny.

They then said that the first loan (the private one) was neither a secured debt on the house and had no need to repay it out of the mortgage money - that was my choice!, nor was it classed as a 'mortgage' in their eyes.

So out of my £210 a week, I have to find £385 mortgage interest every month!!

I receive ESA and am in the support group. I was classified in that:

they suffer from a severe life threatening disease and there is medical evidence either: that the disease is uncontrolled or uncontrollable by a recognised therapeutic procedure.

Then I noticed that those:

People attending residential rehabilitation for drug or alcohol problems.

are also allocated the support group.

I know that this isn't the place to argue or criticise benefit policy, but I am shocked that those with drink/drug problems are classified as being suitable for the support group and be paid with all of the add on supplements.

Gripe over with - sorry.

Are you in a 'relationship' with your carer? If you are, why would you want the extra expense of a 2 bed property?

If you are not, then I can understand why 2 beds are important, but I would be concerned that the DWP/Council might try to suggest that you are a couple and reduce your benefits accordingly.

If it is a genuine carer only relationship, make sure you take advice to protect yourself from the prying eyes of the DWP/Council.

I am going through with an application for a Blue Badge at the moment. I currently have DLA LRC/LRM - since 1996.

I have applied for a review but don't hold out much hope, not because I am exagerating the position, but because the rules have become that much tighter now. I know I should have made the review application in 2004 when my mobility became very difficult and the rules were easier! I can't get any sense out of my GP who refuses to confirm my needs to the DWP as he himself has not witnessed all of them, despite me telling him what they are.

Now I find out that the Council require all new and renewal applicants for Blue Badges to go through a 90min assessment & medical with an OT paid for by the Council. They will not accept a GP's report as they say they don't trust GP's to be independent!

So I really do wish you good luck in your claim, as I don't hold out much hope for myself for either!

Hello all, I found these forums while doing a Google search for any advice/help on my question.

 

I am a soon to be 62yr old, married British male who has been on Incapacity Benefit for Polyosteoarthritis since 2006. Around the end of 2009 I was notified that from my 60th birthday in January 2010 I would be eligible for Pension Credit. Since then I have received my Pension Credit minus the amount of my Incapacity Benefit which I still receive. All well and good so far but a little over a month ago I received a booklet to fill in from the DWP on my medical condition as part of these new reforms. I immediately filled it in and sent it back and yesterday got a phone call asking me to attend an appointment at a local health centre to have my condition appraised by an "independent" Dr on the 2nd of September. I tried to make an appointment wth an adviser at the local Resource Centre but cannot get one untill the 8th of September at the earliest due to budget cutbacks, hence my search and this post.

 

After reading in the press about the way that paraplegics and limbless soldiers are having their IB claims either refused or rescinded I am more or less certain that mine will be too. My question though is, if this is the case, what happens after that, do I just get my full Pension Credit paid out meaning I would just get the same amount of money just from one place rather than two or do I lose my Pension Credit and have to start claiming unemployment benefit instead?.

 

I appreciate any advice offered in this matter so thanks in advance.

It looks like you have been 'selected' to join the ESA mob!

Seriously, yes you are to be transferred from IB to ESA. With the sound of it you are to go for a medical with ATOS to see if are able to do any type of work.

In your situation there are two schools of thought.

You should do as you are told and hope for the best. No one has the right at 62 to give up on the possibility of doing some work. Whatever amount you get will be used to calculate the pension credit top up.

The other school of thought and the far more practical one is think yourself very lucky that you are getting Pension Credit!

You could just stick 2 fingers up at the DWP, close your IB/ESA claim down, have no more medicals and what you lose on your IB/ESA claim will automatically be compensated by a similar increase in Pension Credit.

Example.

Amount entiled £200

Less IB/ESA received £90

Pension Credit top up £110

OR

Amount entitled £200

Pension Credit £200

You will be no better or worse off. Your money will come from one pot instead of two!

Go for it, a life without ATOS sounds like heaven!!

Hi all, a long time no speak but I feel it is now time to worry.

 

Had to have a go on the treadmill at the hospital today but that is nothing to do with my appeal.

I have had a letter from the tribunal service to have my case reviewed by an independant panel.

Prior to this (after submitting an appeal) I had been awarded 6 points after getting an initial 0 by

ATOS. Apparently, my appeal will probably not be heard before the 1st December. I went to

my GP's for a routine appointment last Monday and because the appointment was so late in the

day, I broke down in the doctors room. My blood pressure was sky high again and he has upped

my medication again. I have had to insist on day appointments only in future until I am back to normal.

 

The DWP make it look as if you don't want to work or get better and just try to batter you into submission.

I have a short while to gather evidence for my case, but other than a detailed letter supplied by my GP, I can't

really think of anything else that would help. I may feel great by the time I have to face the panel, but as things

are gradually getting worse for me at the moment, I very much doubt it. I would appreciate if anyone could give

me some more support to help my case. If I feel the same as I do now, then if they say I am no longer entitled

to ESA, then I know for a fact I would not be able to go back to JSA. I just couldn't face the ridicule they put

you through every week. I would then have to rely on my father to keep me and he is disabled himself. Chances

are I will just rot away just like the DWP want you to do. That would save them a few shilling.

Phew, what was that song that accompanied him & his party into power - 'Things can only get better'?

Whatever happened?

I am sorry that you are finding yourself in this situation. The point of this posting is really to let you know that it is highly unlikely that your appeal will be heard by December. I had my medical result / appeal lodged in Jan and a few weeks ago after telephoning for an update, was told that it would be at least March 2011 before it will be heard!!

The stress has been enormous and after hearing that unwelcome news I 'politely' told the Tribunal & DWP literally were they could put my appeal!!

On JSA now, hoping and praying that a job doesn't come up although I have to go through the motions of applying for them.

Anyhow good luck

You are all probably right. I had to claim ESA last October but alas I failed the medical. It seems that over 80% of all applicants do not get beyond 'GO' & collect the money!

What you are saying about not bothering your doctor with every ailment, twinge, cough & pain is very true. I 'ducked' out of the docs in 2004, because I had had enough. I also gave up my 'lifetime' care & mobility claim just to feel 'normal'.

I then had to go back into the system for something else, and even now, I don't go back when I should. What is the point, I have everything at home I need, medication wise so look after myself. I do go to see the Consultants only because they keep on wanting to open me up again to take something else out!

So I was having a hell of a job getting the evidence together for the ESA appeal. How can you get a medical opinion if you don't report each and every problem?

I have had so many people trying to help me, most of the charities you can think of and more besides, that it became a full time job, something that I wasn't fit or able to continue with. Unfortunately the last straw was to be told that the appeal hearing wasn't going to be heard until at least March 2011. I appealed in January 2010!! I just gave up after that, and claimed JSA even though I know and all of my medical team know, that that is not an option. Still, I can put my files away now (all 12 of them!).

It is a fact that if you don't have a consistent and complete medical record you are lost before you start. I have also recently tried to get my DLA back, but that was scuppered - so another one bites the dust.

hellow,albatross, hadenough:)

 

just reading through your thread; disgusting treatment from atos /dwp .

 

you had a tribunal hearing on the 2nd of june , but this had to be ajourned for a latter date.

 

why has this taken so long. this is despicable and shows the dwp/ atos "true colours"

 

you should continue with your appeal (i know you find it hard and feel its never going to end , but thats what these people atos/ dwp want you to do ; )

 

my cousin has got severe problems(mental&physical) and has just had his appeal "up held", after

having his initial medical in febuary 2010 and waiting until august for his hearing.he got 0 points at his

medical , but now has won his case" "should give us all hope":)

 

I am just so angry at atos/ dwp for allowing this to happen in the first place:mad:

 

proper doctors/ gps/ consultants, nurses should be "involved" earler.

 

any proper medical people(who surely read these threads willing to comment, or have you been told to keep quiet by your lords& masters the dwp& atos.

 

good luck/ wishes albatross happyhamr:)

Good advice, but for me a little too late!

I see your cousin had his medical in Feb this year and had to wait until August for the appeal. That was very good going!

I had my medical in Jan this year and was told a few weeks back that the appeal is unlikely to be heard until January next year at the earliest.

That did it for me, I couldn't handle the stress any more and politely told them where they could stick the appeal. It has been hard enough trying to get everything together and the costs I have incurred. without having this still playing on my mind for at least another 5 months!

So DWP/ATOS have had their way - I signed on for JSA - but that created a whole lot of white lies to tell!

It does seem to me that they (DWP) would prefer me to not to claim anything, and get on with it myself.

But at least I now have peace of mind (although no money yet) and only have to go and sign on once a week. Mind you I dread the thought of them finding a job for me! No employer in this country would offer me one, after I tell them what condition I am in.

I know this sounds ridiculous but I am angry with them and I know that I will have to go on Jobseekers in the long run because they have moved the goalposts so that you can barely get a cigarette paper between them.

 

Do your best though because it will make for a good appeal.

 

dj

Hi, I am at that point now - well I should say I past it a week or so ago. I just could not carry on with the stress of the ESA appeal. I was making my wife's life a misery with worrying about it all. The last straw was being told that the appeal will not be heard this side of Christmas. I failed the medical and sent in my appeal in Jan this year!

So took the only other option and applied for JSA©. The lies I have had to tell them to be accepted you wouldn't believe it. I was warned that if there was any chance that I could not fulfill all of the JSA conditions, they would have refused my claim. I just hope and pray that they do not come up with a job as I know that I could not possibly do it. But hey, what option did I have.

This whole system stinks and I am now of the sincere opinion that it is all done to defeat as many people as possible in making claims and having to fend for themselves.

I have given up, and thank God I am of an age that my working life is coming to an end very shortly. I do pity the young families who are having to put up with this situation.

Gosh that is quick!!

Make sure you tick the boxes where you think they relate to you and return the form by the due date.

There is some argument at the moment as to whether you should send anything back with the form - doctors letters. hospital reports etc etc. The form actually tells you that you should not return anything except the form. Some do send in the additional evidence, but whether it is looked at before, during or after the medical is anybody's guess.

At my medical he wouldn't look at anything and that included the ESA50 which was in the file on his desk. He told me to answer the questions from memory - drugs, dosage etc etc.

If I refused he said he would stop the assessment and treat it as non-co-operation!

Let's just hope you get a pass without having to have a medical!!

thanks andyandflo, i wont be making any decisions until i have all the paperwork from the various departments, dealing with my husbands illnesses, his gp has told me that he will back us to the hilt, as he knows what my husband is going through,

regards. rigbyp56

You are very lucky to be having that level of support.

Glad that he will achieve all that he is entitled to.

Hi the claim form should be completed fully, and yes they will look at the whole claim again. They can increase it, reduce it or even cancel it!

I have just answered a similar thread on here - copy here:

In the past I was awarded High Rate Care & Mobility (1995 for life) and over the years I have put in many DLA Review forms. Each time the result was a withdrawal/reduction of benefits. This to be honest didn't bother me as I was glad that I was getting away from the stigma as I saw it of being classed as 'metally disabled'.

Anyhow, following a deterioration of my health over the past 6 years, my care and mobility needs have gone up. I decided a few months back to ask for another review as I & my GP felt that being on Low Rate Mobility only was not now relevant. Being optimistic and honest, and bearing in mind I had accepted the earlier reductions at my request, I thought the DWP would be fair and reasonable with me.

Nope, I have just been told that following a review of my form and a report from my GP that they asked for, I am not now entitled to anything. So I have lost the Low Rate mobility element and found that I do not have any Care related problems.

Been to see my GP as I was not happy that he had recommended that result. He said that he was asked for his comments to the questions asked which he did. This is maybe because although he suggested that I should have it increased, I am not the best type of patient. Either I don't go to see him when I should, and when I do, I tend to crack jokes to cover up nervousness and fear of my illnesses and what is happening to me..

I have considered an appeal but with my GP giving this evidence to the DWP, and the DWP finding me fit for work following a medical for ESA, I can't see how I can get it overturned. So I have put it down as experience and that I should not put trust and faith in anybody other than my own close family.

As a side issue to this I went for a DWP medical in Jan 2010 and was told then that I am fit for work and that there is nothing wrong with me. That was my fault because I failed to give them anything other than basic information and failed to disclose all of my illnesses. I have had help with an appeal for this, but was recently told that it would be early 2011 before it is heard. Given the anxiety I am under mainly caused by this appeal, and the way my family is suffering because of it, I have recently told them to cancel the appeal.

I am trying to find some work at present but not being lucky with the search. I have claimed JSA but that is short lived as the claim only lasts for 6 months. Hopefully something will drop in my lap within the next 5 months or so.

I do hope things go right for you.

hi everybody. my husband has mental illness and is getting dla high rate for care, and low rate for mobility.

he has been told that he has now got COPD, Angina & Emphisema. he has been granted a blue badge as he cannot walk more than 50yds without help. i want to add this to the dla so we can get the higher rate mobility, then he will be able to get out and about. i have been told that if i ask for a review the dwp could take away his existing benefits, i know that they will have to treat it as a new claim, but while i am awaiting the decision will they stop his benefits. these illnesses are none treatable so i am so worried about this, i wonder if it is worth the hassle, he has 2yrs left of his current dla. help!!!!!!!! rigbyp56

Hi, what Erika has said is correct.

In the past I was awarded High Rate Care & Mobility (1995 for life) and over the years I have put in many DLA Review forms. Each time the result was a withdrawal/reduction of benefits. This to be honest didn't bother me as I was glad that I was getting away from the stigma as I saw it of being classed as 'metally disabled'.

Anyhow, following a deterioration of my health over the past 6 years, my care and mobility needs have gone up. I decided a few months back to ask for another review as I & my GP felt that being on Low Rate Mobility only was not now relevant. Being optimistic and honest, and bearing in mind I had accepted the earlier reductions at my request, I thought the DWP would be fair and reasonable with me.

Nope, I have just been told that following a review of my form and a report from my GP that they asked for, I am not now entitled to anything. So I have lost the Low Rate mobility element and found that I do not have any Care related problems.

Been to see my GP as I was not happy that he had recommended that result. He said that he was asked for his comments to the questions asked which he did. This is maybe because although he suggested that I should have it increased, I am not the best type of patient. Either I don't go to see him when I should, and when I do, I tend to crack jokes to cover up nervousness and fear of my illnesses and what is happening to me..

I have considered an appeal but with my GP giving this evidence to the DWP, and the DWP finding me fit for work following a medical for ESA, I can't see how I can get it overturned. So I have put it down as experience and that I should not put trust and faith in anybody other than my own close family.

As a side issue to this I went for a DWP medical in Jan 2010 and was told then that I am fit for work and that there is nothing wrong with me. That was my fault because I failed to give them anything other than basic information and failed to disclose all of my illnesses. I have had help with an appeal for this, but was recently told that it would be early 2011 before it is heard. Given the anxiety I am under mainly caused by this appeal, and the way my family is suffering because of it, I have recently told them to cancel the appeal.

I am trying to find some work at present but not being lucky with the search. I have claimed JSA but that is short lived as the claim only lasts for 6 months. Hopefully something will drop in my lap within the next 5 months or so.

I do hope things go right for you.

Thanks Erika

I have found this posting very interesting, and it has a bearing on something that I have been doing for the last week or so.

I am going through the appeal stage for ESA. In getting my evidence together something started to niggle me about the system. So for the past couple of days I have been telephoning friends and ex colleagues trying to get to the bottom of why is this benefit in such a state. I have spoken with people both in the DWP and HM Courts Service. Yes we know what is happening with ATOS, but that is only a small part of the problem. I was shocked to be told by an ex colleague at HMCS that in reality the Tribunal is there only to review what has happened and establish if the right decision has been made. All they are geared up for is to review the DWP package and listen to the submission of the appellant. They are certainly not there to examine and rule on new evidence/information (unless it is an exceptional situation), that should have already been examined by the DWP when deciding the case. It seems that we are making this into a mamoth expedition in gathering new evidence, getting supporting evidence etc The tribunal only allows enough time to review what has happened, not wade through new evidence to give judgement on.

That being the case, I asked one of my friends at DWP why has this problem come about. Is it that the staff are making too many mistakes? No was the answer - it is the claimant that is causing the problems for him/her self. He agreed with me about the intended use of the Tribunal system, and simply said that there are two elements of evidence that only ought to be needed to make the right decision. The ATOS report (and he admits that they know it has it's failings) and the form ESA50. They are told to give equal weight to both of these documents. They don't normally want or expect additional medical evidence, or letters of support from medical providers. The main problem is that the public do not complete the ESA50 properly. And he means by properly, answering all of the questions, giving examples and simply putting over to a stranger who knows nothing about the claimant, so that he understands the problems. He kindly has sent me a worked example of what an ESA50 should look like. It is completely fictious, but the info on it, is so comprehensive, that he would tend to believe that over the ATOS report!!

So I asked on here a while ago if the ESA is important. Yes it damn well is! Properly completed as it should be, will reduce drastically the number of 'wrong' failures going through the system to the Tribunal stage.

I am now convinced that most and I include myself in this, have caused the failure in the first place. Get it right at the start, and the decision will be right!!! His genuine comments about the ATOS report really surprised me. It just goes to prove that the DWP are human, and I now believe that they are trying to do their best but are hampered by ineffective ESA50's.

So the answer to the question is that it need not get to that stage in the first place.

Hello

 

I am currently on ESA. I am hoping to be able to do a small amount of self-employed work while on the benefit.

 

I understand I can earn around £90 per week if I work less than 16 hours.

 

Can anyone advise if I can average that £90 out over a longer period?

 

The very nature of my profession would mean, for example, I might earn £180 one week (so - two weeks income under the threshold if I could average it out) and nothing for several weeks.

 

Thanks

I may be able to help here.

First of all it depends on the type of work and how you see your business growing over the few years.

Instead of looking at the £93 rule as this generally is for only one year, although it can be for longer depending on your illness and amount of support you need, consider the £20 rule.

As Rae points out first of all when self employed, it is not the turnover but the net profit they look at.

The 16 hour rule is out of the window if you work to the £20 rule!

You can work any number of hours.

So say you work 30 hours pw, which will include time for admin, phone calls even going round handing out flyers, and your net profit is under £1000, not only will this not affect your ESA, but on current law, you would be entitled to WTC at the 30hrs + rate. Also, if you satisfy the Disability test for WTC you get that premium as well.

It's all a question of your intentions. It is also possible, and it is good business advice, to make a net loss for the 1st year if you have paid tax on the equivalent income in the previous year. The loss would be set back and you would be entitled to a tax repayment. If you didn't pay tax, then the loss can be carried forward to any future year that you do become liable.

Also make sure you apply for NI exemption on grounds of low income and that you register everything with HMRC.

Net profit is not just turnover less costs, it can include a wage to a dependent, use of home as office, use of the car, use of the telephone etc etc. Not forgetting you can claim capital reliefs on assets in the business - laptop, car etc.

Good luck