Job centre asking for money back

Digital_2012

Hi guys

Need some help my partner is on esa wrag and i start getting training as barber (non paid) in shop in November 2014 which i told benefit people and they asked written letter which i sent them.

After few months job centre people sent letter saying that they over paid to my partner due to i was working, i sent the letter through cab and told them that i was getting training and it was not paid.

I even rang them but they still insist the employer should have paid for the training, the shop owner does not need any more worker but he was kind to me giving equipment and chair for learning, it was me who requested that i want to learn here and shop keeper gave me a favour giving free training.

From April 2015 i start working there as self employed in the same shop and working 15 hours a week and earning about £50+ a week.

Since i told job centre i am working 15 hours they stopped my partner's esa money and we are waiting for their decision, now we received another letter again and they asking us to pay back £1500 the period when i was getting training.

I made cab appointment but its in next month and benefit people want to take the money out end of this month.

Can anybody tell if they been to similar situation or give any advice what to do next.

Thanks

xapprenticex

hi, you cant do a job you would normally be paid for. you sent a letter confirming it but did you get confirmation that it was all okay? i guess not.

tough situation, try to appeal, more thanlikely youll have to make direct payments to cover arrears.

the forum is good for info/opinion, not advice.

Digital_2012

xapprenticex wrote: »

hi, you cant do a job you would normally be paid for. you sent a letter confirming it but did you get confirmation that it was all okay? i guess not.

tough situation, try to appeal, more thanlikely youll have to make direct payments to cover arrears.

the forum is good for info/opinion, not advice.

HI thanks for the reply, no i have not got any confirmation for the letter i sent , i was on training only part time and hours were 12 to 15 a week so still not sure how can they asking for £1500 back, i got advice from friend that i can do part time training without my partner's benefits get effected

TELLIT01

There are a couple of points-
1. The owner provided you with a chair and equipment. Were your 'customers' charged by the owner? If so, you were doing work for which somebody else would/could be paid so there is the potential for JSA to consider this as income whether or not you were actually paid.
2. Employed 15 hours and earning £50. That is below minimum wage unless it's a formal apprenticeship. JSA would calculate your income on the basis of the National Minimum Wage for your age group.
"Advice from a friend" isn't going to stand up. JSA will be applying the regulations as laid down. Your friend could have told you that you can earn as much as you like, just don't tell anybody!

tomtontom

Formal training, through a college for instance, would be allowed. What you describe is more like unpaid work - for which notional income will be applied.

Digital_2012

First month i was just watching how they cut/trim the hair and cleaning the floor then second month i have started shaving the shop workers which was not paid.

From third month i started cutting hair and yes the owner charged customers.

I told job people and they say all should be fine as my hours only 10 to 15 a week all they need is written letter which i sent them twice.

I can only work 15 or 16 flexible hours due to look after my partner and daughter so as self employed this suits me.

Regarding not telling the benefit people and earn as much as i like, i would not go with this maybe for some one else but not for me.

TELLIT01

I wasn't meaning to suggest you would not inform the benefit people, I was just giving an example of what a 'friend' might tell you to do, and pointing out the the advice given by a friend is not the basis for informed decision making.
Cleaning the floor is work for which somebody would be paid if you weren't doing it, therefore JSA could consider the value as paid employment. You can work up to 16 hours, but JSA need to know the number of hours. As previously mentioned, work cannot legally be undertaken for less than the minimum wage.
You now refer to being self-employed where previously you have referred to being employed. The difference is important.