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Work Expenses NOT allowed by Housing Benefit for Paye,


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Hi everyone, I feel I am being put into a position by housing benefit regulations of having to consider giving up my job, I would be grateful for any help or advice.

 

My story starts with leaving a job I was in after 12 years as an employee to do the job I am doing now. I started this job in June 2104. Basically I am a door to door collection agent, (like a provident agent), different company. I am NOT self employed but PAYE, I am on a commission only basis and I pay all my own expenses from my Net Pay, e.g fuel, car repairs, mobile phone, wifi etc. these expenses are not recoverable from my employers but from HMRC in the form of a new UTR (Unique Tax Reference).

 

I also pay an accountant annually from my Net pay to calculate my expenses and submit them to HMRC and Tax Credits. I have had no issues with HMRC or tax credits, my award has been altered accordingly, but Housing Benefit will NOT accept these expenses because they do NOT show up on either my P60 or Pay Slips. HMRC are sending me out a calculation to give to the council showing my annual wage after expenses, but I know this will be fruitless, as another agent has been denied after providing his.

 

I have took this to appeal and tribuneral and to my local MP, but I am still banging my head against a brick wall. Housing benefit are quoting me Housing Benefit Regulation 35 2(b) as the reason why I am not entitled. Basically in my previous job on approx £11,000 per year I was recieving £64 per week housing benefit and some council tax benefit. This job after expenses I get £10,700 per year and receive nothing and have to pay back an overpayment of £1900. I am a single parent with 2 teens under 18 and work in excess of 30 hours per week.

 

I love my job and do not want to have to search again, I would be grateful for any advice offered.

Thank You

Edited by Andyorch
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what was the outcome of your tribunal?

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I lost the tribunal, the magistrates said the housing regulations were correct.

 

I have been told by the council that if I was self employed then they would accept my expenses. The council have spoke to my manager at work who confirmed my expenses I pay myself from my Net pay.

 

Also my accountant faxed the appeals officer at the council showing the figures before and after my expenses.

 

My MP wrote to the council and the reply he forwarded onto me, They quote the housing benefit reg 35(2)(b) as "earnings shall not include any payment in respect incurred in the performance of duties of employment", she goes on to say ...However in order for the expenses to be disregarded, the employee must accrue the expenses and then have them paid back by the employer, Ms ...... does not receive her expenses in this way and therefore they cannot be disregarded.

 

she says the judge at the appeal agreed that we had applied the legislation correctly, even though it does affect Ms.... in a detrimental way. She then asks if I could approach my employer to see if they could make changes to the way I am paid. I know my employer is not going to change their pay structure just to accommodate my housing benefit claim.

 

This seems so unfair as this job has a lot of earning potential for the future, but I am not sure if I can financially survive until I build my round up to a level where I will be totally self sufficient.

 

I still feel as though there must be some way of getting this sorted out. HMRC use the same wording as HB Reg 35(2)(b) as to why I am allowed these expenses.

 

Thanks for your reply.

Edited by tracymac4334
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If the law has been correctly applied then there is little you can do from that point of view.

 

However, all is not lost! DHP's are available for people that have circumstances which mean they are still struggling because of the way the HB regs are. Have you applied for one?

Please do not ask me for advice via PM as I will not reply.

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Thanks for reply, II am not sure what a DHP is, can you explain what it is please.

 

Discretionary Housing Payments (DHP's).

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If I am correct you need to be in receipt of HB before you can apply for a DHP

 

Another possible option if the company would go for it is to set up a limited company that invoices the main company. The limited company then pays you a salary and the legitimate expenses separately

You would need to look at the real practicalities of that

 

I know someone who used to invoice her employer as a ltd company

Any opinion I give is from personal experience .

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If I am correct you need to be in receipt of HB before you can apply for a DHP

 

Another possible option if the company would go for it is to set up a limited company that invoices the main company. The limited company then pays you a salary and the legitimate expenses separately

You would need to look at the real practicalities of that

 

I know someone who used to invoice her employer as a ltd company

 

I think you may be right.. But the o/p may be getting some HB

Please do not ask me for advice via PM as I will not reply.

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I dont get any housing benefit or council tax benefit, my salary looks too high before expenses are deducted, and the council will not accept my expenses, after expeses deducted I should be entitled but this is the whole problem

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I understand how you feel . Councils can be a nightmare when it comes to them having to use their brains.

I would talk to your company about invoicing them and setting up your own company. I don't tho k its that hard

Any opinion I give is from personal experience .

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I wouldn't have a clue how to start up my own company and finances are low. I am disappointed in the firm stance the council are taking, knowing this is putting myself and kids into a position which is detrimental to us.

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Just reading back through some suggestions, regarding claiming back my expenses, I have a new tax code to make allowance for my expenses, so I pay less tax throughout the year, so I dont actually claim my expenses back as such and by paying less tax it makes my wages look higher on my payslips

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