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    • Part 13 of the Civil Procedure Rules sets out tge circumstances in which you may apply to set aside a default judgment.    The likelihood is that rule 13.3 applies. You will need to act quickly in making your application and you will need to show a defence that has a real prospect of success.    Consider seeking legal advice.    Rules 13.2 and 13.3 are as follows.  Cases where the court must set aside judgment entered under Part 12 13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because– (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied; (b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or (c) the whole of the claim was satisfied before judgment was entered. Cases where the court may set aside or vary judgment entered under Part 12 13.3 (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if – (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why – (i) the judgment should be set aside or varied; or (ii) the defendant should be allowed to defend the claim. (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly. (Rule 3.1(3) provides that the court may attach conditions when it makes an order)      
    • Hi,  I'm looking for advice about an unfair parking fine. I parked and paid the £2 fee for 2 hrs and only stayed for 1.75 hrs, but only put the first half of my reg number in. I still have the ticket but Parking Eye claim I'm in breach of contract because the full reg isn't on the ticket. I've obviously appealed which has been rejected, they're threatening me with legal action if I don't pay within 14 days. This has gone on since Sept last year. Will they take me to court? Thanks in advance for any advice. 
    • The Metropolitan police have still failed to interview the cake which so maliciously ambushed the PM as he went about his 'lawful' business of sleaze, corruption and partying. (PM = Partying Minister)   Cressida Dick excused this in a statement claiming that the cake had been eaten, and as the complainant spreads such a vast, constant stream of s**t so far and wide, it was proving extremely difficult to locate the specific piece of evidence. She further stated that without that crucial specific evidence there could not be a case to answer.   update Dec 2079 Investigations are ongoing, and the cake is still top of the freeport state of Loondons most wanted list. In other business, The freeport states accounts committee questioned the 46 trillion loonbucks cost of the investigation to date,
    • The pdf named Document 8 tfl 
    • Ahh, more unsupported piffle regarding stats ....... so, I shall again ask you to "put your money where your mouth is" (not that I expect you to be able to show that you actually understand the real world detail for that which you pontificate about!)   James Tucker appears to understand the process, but doesn't give the details, so, with your expertise, you can illuminate us.   So, for  death within 28 days of a diagnosis of Covid: Which section of the certificate would diabetes be in then, if you are saying it would be on the death certificate ? Which section do the ONS actually use when deciding what to classify as the cause of death (for creating the statistics) (So, if diabetes is on there does it actually influence the ONS stats??)   While we are on a roll: If those people are wrong to say diabetes should be on the certificate: Do you think diabetes should be on the certificate or not? If you do think it should be on there, which section do you think should diabetes be in, and why?   How about if they had Covid within the last 28 days, but had recovered, were out shopping and had a heart attack (and then a fatal cardiac arrest) in a store: same questions but for both a) Covid, and b) diabetes.   How about if they had had Covid within the last 28 days. but had recovered, were going out shopping but got hit by a bus while crossing the road, suffering fatal injuries. Same questions (again, both for Covid and diabetes) which section and why.   If you are saying people misrepresent the data : for those examples, can you correctly / accurately classify that data (all the sections of the Medical Certificate of Cause of Death [MCCD}), so that ONS can collate it and report on it correctly  ....... (as its easy to spot off about certification, but even those who actually do it sometimes get these issues wrong!)   ..... I suspect you won't be able to answer the above, and will ignore the questions or skate over them with a trite reply , but bonus questions if you can : a) which are 'unnatural deaths' (and why)? b) Which should be reported to Her Majesty's Coroner?   Don't forget, if you get it wrong on any of the MCCD's issued the way you would have it, a GRO Registrar might HAVE to refuse the MCCD (causing the Registrant distress because they can't register the death after all.......and it goes to the coroner when the family aren't expecting it.)   So, these aren't solely academic concepts A) Accurate aggregated ONS data is important for health care planning, and B) each MCCD that a Registrar has to refuse adds misery to an already grieving family.
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ESA and self-employment query


DandelionGirl
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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

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I presume you're talking about the permitted work scheme? In which case do talk to your Pathways Advisor in detail about it and what you propose to do. Bear in mind that the maximum you can earn is, if self-employed, equivalent to net profit not gross turnover...

Best wishes

Rae

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Thanks, Rae. Yep, it is through the Permitted Work Scheme. I've just tried to speak to my ESA personal adviser about it . . . I seem to know more about it than she does. Anyway, she is apparently going to call me back 'at some point today' - as if all I have to do is sit in and wait for her call. I would have preferred just arranging a proper telephone appointment with her.

 

I've only met this woman once - but she seems very scatty and not very much in the know about things. I'm partly hoping she forgets to call me back so I can justify asking for another advisor . . . but maybe they're all the same.

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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

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