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ESA & DLA and wanting to work as a musician

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  • Drumming can be a really good form of physiotherapy. With sitting down a lot of the pressure is taken off of the joints, even with the use of pedals. It is great for building up leg and arm muscles, better than any other exercise I know of, which in turn can have positive health benefits, meaning coming off of benefits could be acheievable, even when doctors have written you off.

    Pete Sandeval, Gene Oglan are just two well respected drummers who have both had back issues, which would have put them in the ESA category had they not been worth a fortune, yet they still continue to play drums.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Drumming can be a really good form of physiotherapy. With sitting down a lot of the pressure is taken off of the joints, even with the use of pedals. It is great for building up leg and arm muscles, better than any other exercise I know of, which in turn can have positive health benefits, meaning coming off of benefits could be acheievable, even when doctors have written you off.

    Why can't you do that sitting at a desk?
  • A gig, in most cases will be 30mins-1 hour. and with in that time, movement in the arms and legs is in bursts of 2-8 minutes, usualy with a gap between songs. Also a few days rest after a gig is often needed.

    Sitting behind a desk is different. A) it is longer than an hour, b) the seat is different, c) you can not stop what you are doing every few minutes d) office work tends to be 9-5, 5 days a week. And it doesn't use the same muscles.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    GlynD wrote: »

    It's the ESA which would present the bigger problem.

    Provided the work involved does not contradict the reasons for the benefit, ESA should not be a problem. You can do permitted work and earn up to £99.50 a week, provided you work less than 16 hrs a week. Normally you can only do permitted work for 52 weeks, but for people in the support group this time restriction is waived.

    You must also inform the DLA, and may have to submit a fresh form confirming that your care mobility needs have not changed.

    Being seen performing in public while on benefits is a dead ringer for having someone report you, so it is really important that you do get the necessary consents BEFORE you start working.

    It might be easier if your co-performer employs you, as then you will have a wage slip to confirm your earnings and an employer who can confirm your hours.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • GlynD
    GlynD Posts: 10,883 Forumite
    Provided the work involved does not contradict the reasons for the benefit, ESA should not be a problem. You can do permitted work and earn up to £99.50 a week, provided you work less than 16 hrs a week. Normally you can only do permitted work for 52 weeks, but for people in the support group this time restriction is waived.

    You must also inform the DLA, and may have to submit a fresh form confirming that your care mobility needs have not changed.

    Being seen performing in public while on benefits is a dead ringer for having someone report you, so it is really important that you do get the necessary consents BEFORE you start working.

    It might be easier if your co-performer employs you, as then you will have a wage slip to confirm your earnings and an employer who can confirm your hours.

    That's not how Schedule D employment works and it would complicate things beyond reason.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 16 April 2013 at 5:36PM
    GlynD wrote: »
    That's not how Schedule D employment works and it would complicate things beyond reason.


    I am not sure what you mean?

    There is no such thing as "Schedule D employment". Schedule D relates only to people who are self employed.

    Employees are taxed under schedule E.

    The arrangement I describe in my post above is exactly how my own hours of work are paid - I am paid through the payroll as an employee on the books, despite my irregular hours. The reason for this is because it simplifies things no end for DLA/ESA purposes. It really depends which is your main concern - DWP or HMRC.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • guilds
    guilds Posts: 252 Forumite
    My own personal drum gear couldn't be bought today for less than £8,000 and it's old!

    BigBoyBrother we should start a band , If I bring my double neck Gibson/Fender hybrid Air guitar, we can Marmalade together, sorry I mean Jam,:T we could do some AC/DC cabaret numbers and then do a cover of "Just My Imagination":rotfl:
  • GlynD
    GlynD Posts: 10,883 Forumite
    I am not sure what you mean?

    There is no such thing as "Schedule D employment". Schedule D relates only to people who are self employed.

    Employees are taxed under schedule E.

    The arrangement I describe in my post above is exactly how my own hours of work are paid - I am paid through the payroll as an employee on the books, despite my irregular hours. The reason for this is because it simplifies things no end for DLA/ESA purposes. It really depends which is your main concern - DWP or HMRC.

    I was a professional musician. I know exactly how things work.
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    edited 17 April 2013 at 2:38PM
    I'm amazed the OP can be 'so bored sitting around for the last 4 years' because he is too ill to work as he travels on a weekly/daily basis to care over 165 hours per month for his father who lives 100's of miles away.

    When is he even going to find the time to play music again. travel the 100's of miles,look after his father for over a 165 hours and all this while he is himself unwell?
  • Neelienew
    Neelienew Posts: 201 Forumite
    Poppie68 wrote: »
    I'm amazed the OP can be 'so bored sitting around for the last 4 years' because he is too ill to work as he travels on a weekly/daily basis to care over 165 hours per month for his father who lives 100's of miles away.

    When is he even going to find the time to play music again. travel the 100's of miles,look after his father for over a 165 hours and all this while he is himself unwell?

    It gets better than that. He claims carers allowance for his wife as well.
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