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Query re permitted work, SDA, DLA and occasional income

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Sorry I just posted this in the benefits forum, but I think this is probably the right place to post. I apologise for posting twice.

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.

Comments

  • DomRavioli
    DomRavioli Posts: 3,136 Forumite
    1,000 Posts Combo Breaker
    The income is classed when he receives it, it cannot be 'spread', as this would possibly constitute deprivation of capital, which can mean he has all benefits taken away, so don't do that. Best thing to do would be to contact his local BDC, as the regulations change so often, you are best hearing it straight from the people who deliver his benefit. The number will be on any letter he has received (not DLA though), and they will probably direct you to the right place. Might be worth a look on the direct.gov.uk website also.
  • Horseunderwater
    Horseunderwater Posts: 3,406 Forumite
    1,000 Posts Combo Breaker
    Veryskint wrote: »
    Sorry I just posted this in the benefits forum, but I think this is probably the right place to post. I apologise for posting twice.

    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.
    Current limit = £97.50 or (16 hours of min wages round to next whole 50p). Work needs to be declared in one go and if the profits from his sales are more than £8105 this year, he would need to declare for taxation. He would also need to register as self employed regardless of if went over that amount or made any profit at all. Profit being after all rental outlay and equip or paint and cost of heating. Any business rates etc. Which of course could lower his income drastically.
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