Got the evidence - now what?

andyandflo

No you don't, for goodness sake, would you please read carefully the conditions!
No wonder so many people either do not claim or underclaim. Read the notes!!!

"work and earn up to £20 a week, at any time, for as long as you are receiving Incapacity Benefit"

'earn' look it up in the dictionary. When you are self employed, it is the net profit that is taken into account as earnings. That is your turnover (what you charge) less all allowable expenses. That includes capital allowances for equipment including a car, computer etc. Have a read of the HMRC site on self employment.

It purposely does not restrict the hours! so anything over 16 is a go!
The other types of Permitted Work, do restrict the hours!

So as long as after your car is paid for, running costs, laptop, and anything else that you could possibly use including a portion of your mortgage/Council Tax (as use of home as office) telephone your net assessable income for DWP purposes is less than £1040, you are entitled to continue to claim ESA!!!

The reason for this particular section is that the Government when they brought this out, did not consider self employment. They just looked at it as pin money not exceeding £20 pw. - maybe 2/3 hours pw work.

It is now well used by business people starting up. The other sections are used by people that have a job, claim ESA but then restrict their hours at work to under 16 pw and earn less than £93 pw. In that example it suits those that want to work p/t but would like to earn more - they can with top up provided by ESA!

Where on earth have you been hiding when all of this has been going on?

Mr_Falling_Star

I predict a case of epic fail for andyandflo. You seem to have made many fundamental errors with your tribunal.

I, and others, could help you put them right but as a ex idiot and moron why should I help?

DarkFallout

andyandflo wrote: »

1. I have been told that I must undergo moderate exercise for a minimum of 30 mins 5 days per week.
Given my other problems, my GP suggested that cycling was the best for me as it helps to maintain the blood flow through my legs. Whether that will have any knock on effect in respect of my other problems - who knows. The alternative is to sit or lie down all day long - but indoing so, that will cause problems. Hobsons choice really.
2. Yes the system is there for everybody to use. Whether it is immoral is another thing. I certainly don't go round thinking or worrying about the state of this country. Others do that in Parliament and get paid to do so.
What are you saying - I should have a conscience in claiming for something that the law allows me to?
The law actually allows people to claim ESA, work self employed for over 30 hrs pw & claim WTC with disability uplift.
Until the law is changed everyone is entitled to use that law. If you choose not to - that's OK with me - your choice, if you think it is the right thing to do, but don't have a go at anybody else for doing it!
3. You have your opinion about doctors, but they have saved my life many times!
This is a good country that looks after the people that live here. That will never change, it is what the British are good at. Caring for others.

my opinion about your doctors is not about saving your life, but about their useless reports and about the useless tribunal hearings in your case ...

you found probably one of the best ways to play with the system and you are on the edge of the law ... as I told you if I know someone is getting ESA and DLA and then I see him sycling for 30 minutes he will be recorded on footage and reported ... then you can explain to the prosecution and benefit fraud department that cycling is part of your treatment and you can work even 30 hours as self employed while getting ESA ...

regarding the law it is obviously stupid ... but that does not matter for me ... as I can not change it ... it is what it is ...

andyandflo

Mr_Falling_Star wrote: »

I predict a case of epic fail for andyandflo. You seem to have made many fundamental errors with your tribunal.

I, and others, could help you put them right but as a ex idiot and moron why should I help?

Thank you for your kind words.

I have no real interest in whether I fail or win to be honest. I am putting up the best defence and argument that I can without help from anybody. What happens, happens, I get on with my life.

I am quite happy to receive my basic assesment rate of £130 per fortnight until the date of the hearing. All I need do, if I fail, is start again with the same sick note as it will be more than 6 months from the DM's letter to the hearing. And the whole ball game rolls on again. All I have to show is that I am in receipt of a disability benefit, not if I pass the medical or the Tribunal as you well know.

Even if I pass, I do know that it will not be to the Support group. there is not that level of disability involved. The 'Work' group - what does that offer in reality £25.95 per week extra. I don't want to appear smug as there are others that think that is a fortune, but to me, well - it wouldn't make that much of a difference. I would lose my £5.23 of Pension Credit, and possibly have then to make a contribution to my Council Tax.

So I'll pass on your non offer of help.

Your comments typify what is wrong with the DWP department and its staff. Never once have I ever had an apology, an offer of assistance or even a chat to point me in the right direction. The ones that have spoken to me have either given incorrect advice or instructions.

And you continue that attitude now!

andyandflo

DarkFallout wrote: »

my opinion about your doctors is not about saving your life, but about their useless reports and about the useless tribunal hearings in your case ...

you found probably one of the best ways to play with the system and you are on the edge of the law ... as I told you if I know someone is getting ESA and DLA and then I see him sycling for 30 minutes he will be recorded on footage and reported ... then you can explain to the prosecution and benefit fraud department that cycling is part of your treatment and you can work even 30 hours as self employed while getting ESA ...

regarding the law it is obviously stupid ... but that does not matter for me ... as I can not change it ... it is what it is ...

I am sorry if that is the way of your life, sad that others may have more, sad that they are doing something you don't.

Mainly, and I have met many in my life, people that make a point of watching others have themselves a sad life!

And yes what I do is completely within the law. The DWP may not like it, but until the Regulations are changed that is the way it is.

Mr_Falling_Star

There are many people DWP and ex DWP staff who are able to help you (and we help others on this board) but you over weening arrogance just doesn't make me want to help? Maybe others do, others that don't mind being called idiots and morons. But you, in your arrogance, cant apologise but post why you are right.

"I have no interest in whether I fail or win to be honest". Well you can obviously afford to p*** £300 up the wall

I don't hope you fail, I know that you will

DarkFallout

andyandflo wrote: »

I am sorry if that is the way of your life, sad that others may have more, sad that they are doing something you don't.

Mainly, and I have met many in my life, people that make a point of watching others have themselves a sad life!

And yes what I do is completely within the law. The DWP may not like it, but until the Regulations are changed that is the way it is.

I am paying enough tax for 5-6 people like you to play with the system ... therefore I don't care if others have more, but just feel robbed when I read your posts ... becasue this money is not coming from nowehere ... it comes from my pockets ...

andyandflo

Mr_Falling_Star wrote: »

There are many people DWP and ex DWP staff who are able to help you (and we help others on this board) but you over weening arrogance just doesn't make me want to help? Maybe others do, others that don't mind being called idiots and morons. But you, in your arrogance, cant apologise but post why you are right.

"I have no interest in whether I fail or win to be honest". Well you can obviously afford to p*** £300 up the wall

I don't hope you fail, I know that you will

As mentioned before, I have never had any help from the DWP or the staff, the opposite in fact. When I describe what my thoughts are of DWP staff they are as I state and I am certainly not in the minority! The same comments have been passed to the staff currently employed there. I am not sorry for speaking the truth.

Arrogance? No, in the first place I will not accept that the DWP or its staff are any better than me. And secondly, If I thought I was wrong I would apologise, I try and do enough research to make me believe that I am right. I will not apologise for being right.

The cost of the reports - of course they are for the Tribunal, but please bear in mind that they are useful for DLA as well. They are always there now for my future claims if this one fails. In addition, it is evidence, evidence that may be required by HMRC to show intent to genuinely pass the Tribunal when claiming the disability element of WTC. A window dressing exercise to protect my eligibility. They wouldn't just accept my word would they?
Yes in excess of £300 is a fairly modest amount of money. But to be honest with what that investment gives me, it was well worth it. And yes, I can afford it!!

As I say, fail or win, it has no consequences that are of concern to me. The extra payment would be negligible in the grand scheme of things. the result would have no bearing or impact on my life.
It has to be seen to be done, not just done.

andyandflo

DarkFallout wrote: »

I am paying enough tax for 5-6 people like you to play with the system ... therefore I don't care if others have more, but just feel robbed when I read your posts ... becasue this money is not coming from nowehere ... it comes from my pockets ...

Yes, and mine! I do not remember a time when I used not to pay tax & NIC. I am still currently a taxpayer and so is my wife. So maybe looking at it that way, we are getting back what we pay in, and not your contribution.

Are you seriously telling me that you object to me using the law to claim what I am entitled? If you are, may I suggest that you read the broadsheet newspapers and write to the many thousands of 'non doms' that live and work in this country, yet using the law, avoid UK tax altogether!

I have no idea what bubble you live in, but it certainly isn't in this world.
And please just concentrate on your life and stop worrying about what others are doing. Then you might find that your blood pressure drops a little.

DarkFallout

andyandflo wrote: »

Yes, and mine! I do not remember a time when I used not to pay tax & NIC. I am still currently a taxpayer and so is my wife. So maybe looking at it that way, we are getting back what we pay in, and not your contribution.

Are you seriously telling me that you object to me using the law to claim what I am entitled? If you are, may I suggest that you read the broadsheet newspapers and write to the many thousands of 'non doms' that live and work in this country, yet using the law, avoid UK tax altogether!

I have no idea what bubble you live in, but it certainly isn't in this world.
And please just concentrate on your life and stop worrying about what others are doing. Then you might find that your blood pressure drops a little.

I am living in bubble/country where social security/benenfits/tax credits and playing with them is the biggest business today ... 200 billions directly and probably another 50-100 indirectly are involved in the game ...

If you can tell me any other sector of the economy that is larger please let me know ...

Regarding the non-doms ... yes I do agree it is unacceptable ... what would you suggest for me ... probably to become a non-dom ... and legally be better off ...