Selling a painting and ESA

thinkstoomuch

Hi, I've recently found myself floored and unemployed by my depression getting pretty bad. I'm in the process of applying for ESA...but realistically it could easily be 3+ months until I'm fit and able to get myself back together and out working full time (waiting on a psychiatry referral right now).

Now, when well, I really love art and painting and i sold a few pieces last year (all legit- HMRC registered, tax return etc). Its my hope that I'll be able to pick up a paintbrush for fun/rehab in a month or two. However, I'd really like to exhibit in a couple of local society shows this year as I've never exhibited before. I have a couple of paintings from last year when I was better. The shows usually charge a small fee then a percentage of profit which helps fund the society for the rest of the year. Its a life goal I've been putting off for a long time.

What would happen if I was lucky enough to sell something- which certainly isn't a given? Would my ESA (if still receiving it) be docked by the same amount?

Notmyrealname

It would be docked the amount less £5. What is more important is the number of hours done in any one benefit week. I would approach your advisor to ask them about permitted work.

[Deleted User]

myself i would see this as something like selling a personal possession on ebay,
but then again i could be wrong

drwho2011

woodbine wrote: »

myself i would see this as something like selling a personal possession on ebay,
but then again i could be wrong

I don't think it would be, the quote below should highlight why.

thinkstoomuch wrote: »

Now, when well, I really love art and painting and i sold a few pieces last year (all legit- HMRC registered, tax return etc).

rogerblack

Arguing that it's a personal possession, when you were making and selling them may be hard to prove, even if true, and you had originally intended to keep it.
However, if it was capital, as it formed part of the business assets, then it can be disposed of, and not change your entitlements.
The question would then be - if it was capital - does this mean that you are over the capital limits?

If you are continuing to paint, then it probably would affect your entitlement, and be counted as income.
In addition, you risk the painting work being counted as non-permitted work, which could do various things from being considered in your next WCA, to removing your entitlement to ESA altogether, to being sanctioned.
You need to approach the DWP first, if you plan to do this.
Especially if there is more work involved in the sale than simply dropping off the painting.

thinkstoomuch

It wouldn't affect my capital as such as I've got hardly anything in the bank.

You see, I just want to paint for myself. Its not a business, just me doing something I love. I can't see myself doing more than a few hours a week to begin with and its because I think it would be good for me. I don't care about the money, I just want to exhibit. Although, if there's the possibility its going to be a kerfuffle with declaring etc I might just go the 'not for sale' route, but I'm worried that as a new member, this might mean that my work isn't accepted as I won't make the society any money.

Alternatively, I guess I could over price it to make it harder to sell.

I'll see if I get accepted first. The groups might think my stuff's rubbish making the whole thing a mute point...

rogerblack

One thing to take a note of is that if - for example - you try to do things like donating the money to charity, or asking the organisation to do this with the proceeds of the sale - you may be treated as if you had earned it.
It sounds like the best way ahead is to call the DWP, and ask to get a permitted work form.
This will allow you to get in contact once it's submitted with a person from the DWP directly (they call you), and discuss your needs in more detail.