Self employed - op next month, help!

pmlindyloo

I believe that you probably should have claimed new style ESA which is based on your NI contributions (class 1 or 2 ). If you haven't paid class 1 or 2 then you would have to claim Universal Credit.

So have you paid class 1 or 2 NI contributions during the last two complete tax years?

If you have then put in a claim for 'new style' ESA.

Link here:

https://www.gov.uk/employment-support-allowance/how-to-claim


Now the difficult part. I believe that since you already have a tax credits claim you can just report the change of circumstances and still remain on child tax credits. Ditto with your HB - you already have a claim so you can just report a change of circumstances.

Presumably, at the moment, your tax credits and HB claim hasn't been changed?

As regards your universal credit claim then this may be a problem.

You could try asking the UC helpline about this and see if they will cancel your claim. I have known it to happen when people have been wrongly informed about what to claim.

If they insist that you continue with the UC claim then you can claim new style ESA alongside it but it will be counted as income and deducted from your UC.

Yes there is a waiting period for UC but you can get the payment in advance and this can be paid back over a year.

As regards the claimant commitment you need to get a fit note (you will also need one for your new style ESA claim) from your doctor and explain the circumstances to your job coach. They should adapt your commitments because you are about to have an operation, you have a school age child and you are already self employed but unable to work at present.

Please copy and paste your post to the Benefits forum for more help and comments about my 'thoughts'. Some very knowledgeable people on that forum.

Buttoon

Thanks for your reply. Can I move my post? Not sure how if I can!?

I'm not off yet but my op is on 11th Oct. I won't be off for 12mths but could be up to 12weeks, depends how it goes. I don't have a sick note but can get one, also - I thought that re. being self employed so that's why I'm miffed that they didn't ask for any evidence yesterday at the Job Centre? Unless they can get their info from the tax credits office as they'll be taking over from them?

pmlindyloo

I've copied it and posted it on the Benefits forum for you.

lemonverbena

Hi Buttoon

Sorry things are so stressful and difficult. UC is an absolute shambles.

I think what's happening is if you haven't been signed off work yet, you will be making a claim as a work-capable self-employed parent, not as a sick person who is a parent. There are advantages and disadvantages to this - I guess the biggest advantage for you is that the 5 week delay in payment will include some of the weeks up to your op when you have some self-employed earnings coming in (not that that is necessarily enough to live off, its an awful policy), rather than being after your op when you probably have no other money coming in.

Once you have your op (or have to stop work), you'll need to report a change of circumstances asap, and get a fitnote from your GP or Dr within 7 days of your op (or whenever you stop being able to work) which you'll need to send in. Eventually you'll get asked to fill in a form about your health and you might have to attend a work capability assessment.

In theory, being self-employed shouldn't be a problem. They'll want to see proof that you are gainfully self employed (even if you soon won't be) at some point, so it might be an idea to take some proof with you to your next appointment, if you haven't already, to get it out of the way (ie books/accounts, invoices, receipts, business plan, proof that you are registered with HMRC- though you shouldn't need all of that). You'll have to input your income every month.

You'll have to find out from your local council whether you're eligible for any council tax reduction either now or when you've signed off sick - every council's scheme is slightly different.

Once you've had your op, it would be sensible to go back to CAB or a similar organisation once you are able, to check that you are getting everything that you should be. There is something called New-style ESA available for a year for people who have paid NI contributions, which you can get as well as UC (but it gets deducted from UC) and some people will be better off claiming that, but other people won't be. You also might be eligible for PIP once you've had difficulties with daily living or getting around for 3 months, if those difficulties are expected to last for at least another 9 months.

Buttoon

Wow, thanks so much!!! I've literally just spoken to someone at UC - finally someone who knows what's going on! It's only taken over two weeks
I have a commitments appt Thursday next week, then have to travel in again on the Friday for my self-employment proof appt. Bit of a pain but I'm just grateful for any help! I have my preop next Wed so will see if my specialist can write me a note so I can also take that in.

I was told at Job Centre yesterday that they don't do ESA any more? Which is odd as I keep reading about it? Maybe it depends on area? I just want to know if I will get any kind of "sick pay" as in incapacity benefit as unfit for work? Or will I be solely trying to live off of my UC - which won't be much on it's own by the sounds of it?

Also, I don't suppose you know if they'll backdate the payments as it takes 5 weeks from applying? Apparently I can request an advanced payment but was told I could then choose to pay off so much over time.....which makes me think it won't be back paid as they'd just use that to pay off advanced payment? So confusing - have the tightest chest!!

lemonverbena

What benefits you get depend on what area you live in at the moment - if you live in a similar area to me then if you have a change in circumstance or make a new claim, it has to be to UC, but other areas are different.

There is something called New-Style ESA which is available in the full universal credit areas, which you can get instead of or as well as UC (but if you get UC, it gets deducted from your UC payments). For some people - especially people with savings over £6,000, or a partner who is working - its beneficial to apply for it (and some people who can't get UC can get N-S ESA). Certain other people might be worse off on it though. You can't apply for it until you have a fitnote signing you off work, so its best to get some professional advice once that's happened.

Universal credit has limited capability for work or limited capability for work related activity elements to it that replaces ESA and Incapacity Benefit. If you put your details into the turn to us benefits calculator, giving the information as if you've been signed off sick and have no more money coming in from self-employment, you'll see how much money you should get.

I think the gap in payments is that most other benefits pay out in advance, but UC pays out in arrears, and also has a week which you won't get any money for (though your Housing benefit or Local Housing Allowance, if you get either now, should run on for two weeks).

lemonverbena

Here's some info about new-style ESA

If you still having payments coming through for work you've done, or you plan to go back to work gradually, then it might be worth telling a benefits advisor about this when you ask them about new-style ESA. You can do some work on N-S ESA (and can possibly keep more earnings than on UC), but i think the rules are complicated.

annandale

What do you mean by back paid. You make a claim for uc. You get your first payment five weeks later. It's paid monthly in arrears. And you can get an advance on your first payment that you need to repay over 12 months.

I would imagine that you'll have to hand in fit notes and go for a work capability assessment so they can see which category of uc you'll fall into.

That is you won't need to jobsearch if you are deemed too unfit to work.

annandale

Jsa is also paid in arrears. I don't think there is any such thing as back pay unless you have won a tribunal. You'll get the uc from the date you claim in arrears.

jobbingmusician

Sorry I've been out all day. What I'll try to do now is to merge this thread with the one on the Benefits Board. I think you should find a link on this board so that you can follow it. Thank heavens you've got some sense out of someone at long last!

Edited to add.....Ha ha, I overestimated my own powers! I can't merge the threads because I can only do things on my own boards. I could move this thread over to Benefits and talk to the board guide there to ask her to merge, but I think as you have had useful posts on this thread it's probably quite sensible to keep both of them open, in fact. Hope that doesn't become too confusing.....