Query re permitted work, SDA, DLA and occasional income

Veryskint

Hi I would be grateful if anyone can advise. I have tried to locate a Disability Benefits Advisor, but after an hour pushing buttons and listening to recorded messages, I have given up.

My brother is severely disabled, and has been since childhood, his health and disabilities mean that he will never work in a conventional way.

He paints and is very good. He has had some recent exhibitions and some people want to buy his paintings.

I understand you can earn £90 or so per week as permitted work. What happens if you earn the money all in one go, ie if he were to received several thousand pounds in one month then nothing for the rest of the year. Can the permitted work be spread across the year? Also do you just declare the profit, ie I would assume we could take the cost of renting a studio, the cost of materials and the exhibition costs etc, away from any income, leaving only the profits to declare.

I would like to be sure that I have this completely right, as if selling the paintings were to affect his benefits, then he just wouldn't sell them. He has no other income or assets and lives with my mother who receives a state pension, and pension credit.

Thanks in advance for any help.

epitome

Can't answer your questions but there is also access to work funding
http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/WorkSchemesAndProgrammes/DG_4000347

Contact at these numbers...maybe they could answer your other questions though I doubt it is within their remit.
http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/WorkSchemesAndProgrammes/DG_173083

skintandscared_2

Veryskint wrote: »

He paints and is very good. He has had some recent exhibitions and some people want to buy his paintings.

I would like to be sure that I have this completely right, as if selling the paintings were to affect his benefits, then he just wouldn't sell them.

That is so sad to read. He clearly is a very talented artist. I hope, for his sake, there is a calculation that can be done to take account of anything he makes on his paintings and that if his "earnings" do go above the prescribed limits you choose to let him sell his paintings instead of getting the benefits, for as long as he is able to. He could end up earning far MORE through his talent than he'd get on benefits! Good luck to him! :T

LunaLady

DLA is not an out of work benefit and not means tested, so it doesnt matter if he earns a million pounds, he will still be able to claim DLA.

Cpt.Scarlet

It's not Permitted Work unless the DWP confirm it is in advance so you need to contact the DWP, also if he receives an income related benefit such as IS, then it will be directly effected by any income he has.

As previously stated DLA is not means tested so it will not be effected.

Veryskint

thank you I didn't realise that DLA and SDA were not means tested. It would be scary if he sold a few paintings then lost all his income! I understand now that this can't happen.

He does get a very small amount of income support, I don't think that the IS itself is much, but that it entitles him to other things, is that right? Am I right in thinking it's things like no council tax and free prescriptions? If this is the case then he cannot risk his IS (unless he sells LOTS of paintings for large sums ) .

Veryskint

epitome wrote: »

Can't answer your questions but there is also access to work funding
http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/WorkSchemesAndProgrammes/DG_4000347

Contact at these numbers...maybe they could answer your other questions though I doubt it is within their remit.
http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/WorkSchemesAndProgrammes/DG_173083

These people were very helpful but have advised I need to talk to the job centre people, so stuck on an 0845 nmber again waiting for a human being not a recorded message...

mynameistallulah

Veryskint wrote: »

These people were very helpful but have advised I need to talk to the job centre people, so stuck on an 0845 nmber again waiting for a human being not a recorded message...

They are correct, Access to Work have nothing to do with PW.

Cpt.Scarlet is correct, you need to contact the DWP and reach an agreement over how the income will be treated. Queries on self employment need to be looked at individually.

Veryskint

I have been looking up the inland revenue side of this, and think that according to their rules, this would be classed as a hobby, ie it is done from time to time, it is casual, there is no intention to make a profit, it is purely for pleasure - unless he reached a stage where he was making a profit year after year.

So I don't think he would be classed as self employed.

rogerblack

Veryskint wrote: »

So I don't think he would be classed as self employed.

It has to be done with the realistic intention to make a profit - it does not have to actually make a profit.

To address the permitted work aspect.
In principle, it is possible for them to average earnings.
Unfortunately, this needs to be negotiated beforehand.

Sixer

Veryskint wrote: »

I have been looking up the inland revenue side of this, and think that according to their rules, this would be classed as a hobby, ie it is done from time to time, it is casual, there is no intention to make a profit, it is purely for pleasure - unless he reached a stage where he was making a profit year after year.

So I don't think he would be classed as self employed.

But if he starts renting a studio etc, as suggested, then the picture changes.