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Sessional / Part Time return to work & benefits
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saintalan
Posts: 562 Forumite

Hi, hope somebody can help. I am happy to do the reading myself but cant seem to find the actual regulations on DirectGov.
If someone having received unemployment/ housing benefits for a year or more returns to work where they are offered ad-hoc shifts which may or may not exceed 16 hours (or any such other number) over a period (any day of the week), what happens to their benefits. For this example Single Male Adult living alone no dependents.
Is the 16 (or any number of) hours a week rule based on any given 7 days, Sunday thru Sat or any other combination.
As far as I can observe so far, you have to sign on at the point where you finish a shift and have no others planned within a certain (?) period. You then sign on again before you start again even if one shift.
Any help or experience appreciated.
Alan
If someone having received unemployment/ housing benefits for a year or more returns to work where they are offered ad-hoc shifts which may or may not exceed 16 hours (or any such other number) over a period (any day of the week), what happens to their benefits. For this example Single Male Adult living alone no dependents.
Is the 16 (or any number of) hours a week rule based on any given 7 days, Sunday thru Sat or any other combination.
As far as I can observe so far, you have to sign on at the point where you finish a shift and have no others planned within a certain (?) period. You then sign on again before you start again even if one shift.
Any help or experience appreciated.
Alan
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Comments
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The reason you have had no replies is that the benefits/tax credit system is not fit for purpose when it comes to moving in and out of work in this way. The system is not equipped to help people to do this and this is one of the major critisms welfare rights organisations have been raising for years.
You need to find an adviser willing to put in the work on this one but if you want to have a go yourself:
In your circumstances Tax credits only kick in if you expect to work 30 hours or more for at least 4 consecutive weeks. See 'renumerative work' here http://www.hmrc.gov.uk/manuals/tctmanual/TCTM02410.htm so you can forget really.
That leaves you with JSA/HB- you can claim JSA if you work under 16 hours a week on average (your net earnings in any week will reduce your entitlement if over £5 -yes £5!). As long as your hours are under 16 they will do an income assessment to see if you need some JSA to top up your earnings (minus the generous £5 disregard)to the glorious amount of £65.45 if you are over 25 years old.
If you remain entitled to some income based JSA despite your earnings your HB/Council tax benefit will be unaffected. If you lose JSA you will have to put in a new claim for HB/CTB which will be paid week by week if your income is low enough (they don't mind how many hours you work, it's all about the income).
My advice is to visit an Advice Centre to see if you can find someone to help. Obviously if you avoid losing your JSA completely in any given week this will mean your HB/CTB will remain in payment. This will also mean you are working for only £5 a week extra (you lose anything over this £ for £) but it's the long term plan that matters so long as you aren't losing the basic income you need to get by on...0 -
enabledebra wrote: »The reason you have had no replies is that the benefits/tax credit system is not fit for purpose when it comes to moving in and out of work in this way. ...
That leaves you with JSA/HB- you can claim JSA if you work under 16 hours a week on average (your net earnings in any week will reduce your entitlement if over £5 -yes £5!). As long as your hours are under 16 they will do an income assessment to see if you need some JSA to top up your earnings (minus the generous £5 disregard)to the glorious amount of £65.45 if you are over 25 years old.
...
My advice is to visit an Advice Centre to see if you can find someone to help. Obviously if you avoid losing your JSA completely in any given week this will mean your HB/CTB will remain in payment. This will also mean you are working for only £5 a week extra (you lose anything over this £ for £) but it's the long term plan that matters so long as you aren't losing the basic income you need to get by on...
Many thanks for your reply, you wouldn't happen to know the definition (if there is one in this context) of a week?
Cheers
Alan0 -
HI,80 - 99 Friday
For HB a benefit week runs Monday to Sunday for everyone.
For JSA a benefit week is a period of seven days ending with
the day determined by the last two digits of your NINO
NI No. Day
00 - 19 Monday
20 - 39 Tuesday
40 - 59 Wednesday
60 - 79 Thursday
You will also need to work out how your earnings would be treated in terms of the period they are allocated to and have a look at if they can use an average of earnings in your case. This is a link to the Decision Makers Guide (DMG) used by DWP staff (It's not a statement of the law)
http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/#vol4
This is the equivalent guidance used by HB staff:
http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/operational-manuals/housing-benefit-guidance/
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