Husband and wife one working one not

DannyGold

If a couple on UC has one working but not earning the min income floor, and the other not working but looking for work, then do they come under the benefit cap?

As long as the one working earns about £580 month right?

NedS

Reading guidance below suggests that to be exempt both members of the couple would have to be working and earning the equivalent of 16h/week at national minimum wage:

https://www.turn2us.org.uk/Benefit-guides/Benefit-Cap/Am-I-affected-by-the-Benefit-Cap

calcotti

NedS wrote: »

Reading guidance below suggests that to be exempt both members of the couple would have to be working and earning the equivalent of 16h/week at national minimum wage:

https://www.turn2us.org.uk/Benefit-guides/Benefit-Cap/Am-I-affected-by-the-Benefit-Cap

I think the 16 x NMW applies to joint income, not both parties of a couple.

https://www.entitledto.co.uk/help/benefits-cap
“You will not be affected by the cap if:
you are in work and, between you and your partner, you are earning at least the amount you would get for 16 hours per week on national minimum wage if receiving Universal Credit”

https://www.gov.uk/benefit-cap/when-youre-not-affected
“You’re not affected by the cap if you or your partner:
get Universal Credit and you and your partner earn more than £569 a month combined, after tax and National Insurance contributions”

DannyGold

calcotti wrote: »

I think the 16 x NMW applies to joint income, not both parties of a couple.

https://www.entitledto.co.uk/help/benefits-cap
“You will not be affected by the cap if:
you are in work and, between you and your partner, you are earning at least the amount you would get for 16 hours per week on national minimum wage if receiving Universal Credit”

https://www.gov.uk/benefit-cap/when-youre-not-affected
“You’re not affected by the cap if you or your partner:
get Universal Credit and you and your partner earn more than £569 a month combined, after tax and National Insurance contributions”

Thanks so does each member of the couple need to earn min income floor?

DannyGold

NedS wrote: »

Reading guidance below suggests that to be exempt both members of the couple would have to be working and earning the equivalent of 16h/week at national minimum wage:

https://www.turn2us.org.uk/Benefit-guides/Benefit-Cap/Am-I-affected-by-the-Benefit-Cap

Sorry but you are wrong there.

You do not both need to be earning the min income floor nmwx35hrs to be exempt from the cap.

calcotti

DannyGold wrote: »

Thanks so does each member of the couple need to earn min income floor?

For claimants who are employed the joint income needs to be at least 16 x NMW, this can be achieved by only one of them working. I thought my previous post made this clear.
The Minimum Income Floor is completely different set of rules to do with self employment. For someone gainfully self employed, if they have done this for more than 12 months, they are assumed to earn a MIF even if they are actually earning less

calcotti

DannyGold wrote: »

Sorry but you are wrong there. You do not both need to be earning the min income floor nmwx35hrs to be exempt from the cap.

Not clear why you are saying this. No one has suggested that the requirement is nmwx35,