Moving from ESA to employment

matt2222

I did see that on Rightsnet Weary Soul but I thought it had been proved that HMRC were in the wrong.It seems unfair that it is our responsibility to understand their rules and regs but not theirs!
They know that at least 9 out of 10 start-ups fail in their first year of trading! Still better odds than winning the Lottery!!

Weary_soul

I did see that on Rightsnet Weary Soul but I thought it had been proved that HMRC were in the wrong

I think the CAB advisor was in the process of fighting it. As It's not a totally open site I don't know If we'll ever know the outcome sadly.

I'm sure It's all part of Cameron's drive to chuck as many people off benefits, tax credits included.

matt2222

I think with the recent rise in unemployment figures they may back of the newly self employed not wanting to dump them back on job seekers and making the situation worse.
Shame about Rightsnet not being open but it does show you how many people working in Benefits Offices ask for help on there because they don't even understand their own rules and regs.

matt2222

Just think the world might not have had Harry Potter because they took J K Rowling off Tax Credits because they
thought "oh yeah writing a book are you,pull the other one"

Weary_soul

That and It just shows how many government depts don't stick to their own rules and regulations and try intimidating claimants. If It wasn't for CAB a lot of people would be far worse off.

Funny how the government is slowly cutting funding to them. I have a friend who works in one, and she tells me that the future for the CAB looks shaky at best. So may CAB's have had to close their doors this year. It's absolutely frightening.

All part of the governments plan to divide and conquer of course.

matt2222

Yes its a real tragedy about the CAB cuts but hopefully sites like these can try to fill the gap but people have to find them.

Weary_soul

Thing is sites like this are great, but can't really replaced an experienced benefits advisor. As you must realise welfare rules are a minefield If you don't know what you're doing.

eskimo26

matt2222 wrote: »

Yes but you will have to complete a RTWC3JP Return to Work Credit self-employment application form and attach a business plan with a business advisers signature approving your plan.This can be done by your Bank.
You will also have to provide evidence of trading at 10 weeks and 26 weeks to keep your credits for a year.
This could include research,building a website,advertising
market research etc
You do not have to have made a profit so long as you are trading.

Thankyou again,
Where and how do i find a bussiness adviser and what will their input involve? It sounds like i can do this, a bussiness plan is good practice anyway, I would say essential to keep me on track. I was going to make a list but i'll look into expanding it into a business plan.

rogerblack

Weary_soul wrote: »

Thing is sites like this are great, but can't really replaced an experienced benefits advisor. As you must realise welfare rules are a minefield If you don't know what you're doing.

Very true!

I've done at least a hundred hours reading various legislation and guides, and that's only for ESA and DLA and the tribunals service, with a scattering of CA and JSA, as they intersect.

I have a reasonable grasp of the procedure, and the appeal process, and ...

For simple queries, it's fairly easy.
'I've had a letter saying I'm not entitled' - pointing out the appeal process, how long to appeal is easy.

Then we get into the harder bits - is this person actually getting the letter because they are not entitled, and the appeal is pointless.

Or might them claiming this benefit make their sisters benefit claim stop.

Or should they be claiming Y instead, because it's a fiver a week more.

Or because Y is exactly the same amount of money, but it's disregarded as income against another benefit that's claimed.

Then there are the funkier parts.

How to best convince the DWP they've made an error in the law, or in applying the rules they have made.

How to find the appropriate bits of law, and recent decisions that may affect the claim.
This sort of thing can only practically be done reliably by people who are actually employed doing this.

The coming proposals to take legal representation at benefit tribunals out of scope for legal aid mean that it's going to be almost impossible to get.

manabouthouse

Can anyone tell me where I can download this form, as my searches are proving fruitless.

Thanks