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  • FIRST POST
    • Brighty
    • By Brighty 28th Sep 17, 12:08 PM
    • 710Posts
    • 371Thanks
    Brighty
    Cont JSA & Rental income
    • #1
    • 28th Sep 17, 12:08 PM
    Cont JSA & Rental income 28th Sep 17 at 12:08 PM
    Hi all

    Hopefully a quick one

    Are you eligible for contribution based JSA if you recieve rental income? I know savings & rental property equity is ignored for cont based, but what about income?

    Thanks

    Regards
Page 1
    • Torry Quine
    • By Torry Quine 28th Sep 17, 12:31 PM
    • 16,985 Posts
    • 25,973 Thanks
    Torry Quine
    • #2
    • 28th Sep 17, 12:31 PM
    • #2
    • 28th Sep 17, 12:31 PM
    Hi all

    Hopefully a quick one

    Are you eligible for contribution based JSA if you recieve rental income? I know savings & rental property equity is ignored for cont based, but what about income?

    Thanks

    Regards
    Originally posted by Brighty
    Yes you would still get it. It doesn't matter about any income.
    Life is like riding a bicycle, to keep your balance you must keep moving . Albert Einstein.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
    • Mersey
    • By Mersey 28th Sep 17, 1:13 PM
    • 1,573 Posts
    • 763 Thanks
    Mersey
    • #3
    • 28th Sep 17, 1:13 PM
    • #3
    • 28th Sep 17, 1:13 PM
    Yes, as entitlement derives from your NICs and it is not a means-tested benefit.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • Brighty
    • By Brighty 28th Sep 17, 2:27 PM
    • 710 Posts
    • 371 Thanks
    Brighty
    • #4
    • 28th Sep 17, 2:27 PM
    • #4
    • 28th Sep 17, 2:27 PM
    Thanks all, hopefully won't need it, just weighing up my options
    • Topcat1982
    • By Topcat1982 28th Sep 17, 4:14 PM
    • 349 Posts
    • 384 Thanks
    Topcat1982
    • #5
    • 28th Sep 17, 4:14 PM
    • #5
    • 28th Sep 17, 4:14 PM
    Yes you would still get it. It doesn't matter about any income.
    Originally posted by Torry Quine
    Is this right?

    The OP is a self employed landlord, surely that income has to be declared to HMRC and it would reduce/stop them claiming JSA.
    • Mersey
    • By Mersey 2nd Oct 17, 1:50 PM
    • 1,573 Posts
    • 763 Thanks
    Mersey
    • #6
    • 2nd Oct 17, 1:50 PM
    • #6
    • 2nd Oct 17, 1:50 PM
    Is this right?

    The OP is a self employed landlord, surely that income has to be declared to HMRC and it would reduce/stop them claiming JSA.
    Originally posted by Topcat1982


    Income does not affect contribution-based JSA, as it is not a means-tested benefit.


    Entitlement derives from the claimant's past NICs.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • Witless
    • By Witless 2nd Oct 17, 6:36 PM
    • 531 Posts
    • 2,063 Thanks
    Witless
    • #7
    • 2nd Oct 17, 6:36 PM
    • #7
    • 2nd Oct 17, 6:36 PM
    Income does not affect contribution-based JSA, as it is not a means-tested benefit.


    Entitlement derives from the claimant's past NICs.
    Originally posted by Mersey
    Not totally sure about that - occupational pension certainly impacts on it (at least it does here: England/Wales, Scotland & Northern Ireland have slightly different rules but the basics are the same AFAIK)

    Jobseeker’s Allowance (JSA) has two components:

    Contribution-based Jobseeker’s Allowance (JSA(C))
    JSA(C) is not means tested but some earnings related income from part-time work and some pension income can affect the amount of benefit paid.


    2.4.1 Pensions

    The amount of JSA(C) payable is reduced by any amount of certain occupational pensions or personal pensions over £50 per week, irrespective of a person’s age.

    2.4.2 Earnings disregard

    For JSA(C), £5 per week of earnings is disregarded.

    The exception to this, with £20 disregarded, is where a person is an auxiliary coastguard or part-time fire-fighter or part-time lifeboat crew or a member of the Territorial Army Reserve.

    JSA(C) will be reduced pound for pound by the amount of earnings received over the disregarded amount.

    Earnings of a partner are ignored for JSA(C).


    http://www.lawcentreni.org/EoR/benefits-and-tax-credits/jobseekers-allowance.html

    I suppose it depends on when rental income is defined as income?
    • Mersey
    • By Mersey 3rd Oct 17, 12:24 AM
    • 1,573 Posts
    • 763 Thanks
    Mersey
    • #8
    • 3rd Oct 17, 12:24 AM
    • #8
    • 3rd Oct 17, 12:24 AM
    Er, thanks (I think) - although the Q was about rental income and I repeat: income does not affect [entitlement to] contribution-based JSA, as it is not a means-tested benefit (as your link repeats).


    I was curious - as I've never known a single JSA claimant receive a pension (why would they if they're of working age), I looked it up. There were no recent figures available, but the then Employment Minister Chris Grayling 5 years ago in Hansard in a written reply to the Q as to the number of claimants not receiving the full amount of JSA, he stated that of then 2.3 m claimants, the income disregard applied to fewer than 14,000 in E & W or 0.5% and 1.8% did not due to overpayment recovery of other benefits.
    Last edited by Mersey; 03-10-2017 at 12:26 AM.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • p00hsticks
    • By p00hsticks 3rd Oct 17, 12:44 AM
    • 5,627 Posts
    • 5,182 Thanks
    p00hsticks
    • #9
    • 3rd Oct 17, 12:44 AM
    • #9
    • 3rd Oct 17, 12:44 AM
    I was curious - as I've never known a single JSA claimant receive a pension (why would they if they're of working age)
    Originally posted by Mersey
    I think the most common cases would be of ex-servicemen and women who get a pension immediately after leaving the services.
    • Witless
    • By Witless 3rd Oct 17, 5:56 PM
    • 531 Posts
    • 2,063 Thanks
    Witless
    Er, thanks (I think) - although the Q was about rental income and I repeat: income does not affect [entitlement to] contribution-based JSA, as it is not a means-tested benefit (as your link repeats).
    Originally posted by Mersey
    Have a look in The DMG (Decision Maker's Guide - last updated 28 September 2017) Chapters 20 & 21 Paras 20015, 21060, 21081 & 21082
    https://www.gov.uk/government/publications/decision-makers-guide-vols-4-5-6-and-7-jobseekers-allowance-and-income-support-staff-guide

    JSA(Cont) - additional conditions
    20015 In addition to the conditions at DMG 20003 1. - 7., to be entitled to JSA(Cont)1 a
    person must
    1. satisfy contribution conditions (see DMG 21051 et seq) and
    2. not have earnings in excess of the prescribed amount (see DMG 21081 et
    seq)
    Vol 4 Amendment 31 June 2010

    21060 The contribution-based conditions for entitlement to JSA(Cont) are that the claimant
    must1
    1. satisfy the first contribution condition (see DMG 21067 - 21071) and
    2. satisfy the second contribution condition (see DMG 21074 - 21076) and
    3. not have earnings higher than the prescribed amount (see DMG 21081 -
    21082)

    Prescribed amount of earnings
    21081 Claimants are not entitled to JSA(Cont) for any week that they have earnings that are higher than the prescribed amount (see DMG 21060 3.)
    1
    .
    1 JS Act 95, s 2(1)(c)
    21082 The prescribed amount of the claimant's earnings is calculated by using the formula1
    (A + D) - £0.01 where
    1. A is the age-related amount that is appropriate to the claimant's age and
    2. D is any earnings disregard appropriate to the claimant as in2
    2.1 DMG 25082 - 25083 (two payments to be taken into account for the
    same week because of the impracticability rule, first of two payments
    due before the date of claim) and
    2.2 DMG 26102 - 26103 (disabled persons, repeat claims) and
    2.3 DMG 26108 (lone parents) and
    2.4 DMG 26114 - 26133, (carers, special occupations, earnings from one
    or more occupations, JSA(IB) and IS - couples, amount of disregard, earnings paid for employment which has been interrupted, earnings payable outside UK, earnings paid in a foreign currency) and
    2.5 DMG 26417 (effects of awards for unfair dismissal) and
    2.6 DMG 26642 - 26647 (remunerative work, P/T work and payments on
    termination) and
    2.7 DMG 27471 (Earnings from self-employment that has ceased).
    1 JSA Regs, reg 56(1) & (2); 2 reg 99(2) & 101(2) & Sch 6, para 1-16 & 19i

    Example
    Darren is entitled to an age-related amount of £67.50 a week.
    He is entitled to a disregard of £5.00 a week.
    Applying the formula - (£67.50 + £5.00) - £0.01 = £72.49.
    If Darren has earnings of more than £72.49 a week he is not entitled to JSA(Cont).
    1 SS (Conts) Regs, reg 60-65; SS (Crediting etc) Regs, reg 4

    Vol 4 Amendment 46 June 2015

    As per previous post I think it depends on whether the DM regards rental income as 'earnings'.

    I think the most common cases would be of ex-servicemen and women who get a pension immediately after leaving the services.
    Originally posted by p00hsticks
    Servicemen, police, fire brigade, teachers, lecturers, politicians & councillors (AFAIK), NHS, Local Govt (and many others) are all entitled to immediate pensions depending on meeting the criteria whether age (frequently 60), length of service (30 to 40 years) or combination of both ( age plus LGPS membership in whole years had to be added together to equal at least 85)
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