Am I committing benefit fraud?

Simon_Jones_85

Reposting this from the 'child support' section where I incorrectly originally submitted it, due to a technical failure between the chair and the keyboard...

Hi,

Would really like an outside opinion on my situation.

I lost my job in the summer, but didn't claim any benefits as we had enough to get by and I was enjoying the time off. About a month or so ago I started claiming basic JSA, as I am now properly looking for work.

In my spare time I sometimes write articles for a particular print publication. Nothing dodgy - I'm being cagey in the interests of anonymity! If they print your article you get paid, about 6 weeks after publication. It isn't much - £45 per page - and if you work it out per hour of writing you're well below minimum wage! I do it for my own enjoyment, basically.

Haven't actually written anything since starting to claim JSA, but there is a good chance I'll get some money for previous submissions while I'm still claiming.

Is this technically benefit fraud? I don't feel any moral guilt as I've paid in for 20 years, and I'm unlikely to get very fat off either the £70 a week JSA or the article payments. But I obviously don't want to come a cropper over it.

Any advice gratefully received.

Simon_Jones_85

Also, thanks very much to the guys who replied to the other thread. I hadn't realised about the 16 hours rule. Wonder if I'm safe to ask about that in the Job Centre, or if that will end badly... :undecided

Spoonie_Turtle

From https://www.gov.uk/jobseekers-allowance/eligibility

You’ll also need to:
* be 18 or over
* be under the State Pension age
* not be in full-time education
* be available to work
* not be working at the moment, or be working less than 16 hours per week on average
* not have an illness or disability which stops you from working
* live in England, Scotland or Wales
* have the right to work in the UK


As for the income, I'm not sure. From a search it looks like New-Style JSA isn't affected by income (except a pension of >£50 pw) but please wait for someone more knowledgable than me to confirm or correct that.

[^I assume you're on New-Style JSA as that's now the default, as it were, and you didn't specify anything different.]

Edit: sorry I didn't say any of this earlier but I hadn't looked anything up at that point.

poppy12345

Spoonie_Turtle wrote: »

As for the income, I'm not sure. From a search it looks like New-Style JSA isn't affected by income

I'm fairly certain that earnings do affect New Style JSA in the same way they affect Income Related JSA. The first £5 per week of earnings is disregarded then after that it's reduced £1 for £1. I just can't find a specific link. I'm sure someone will confirm this either way.

Spoonie_Turtle

poppy12345 wrote: »

I'm fairly certain that earnings do affect New Style JSA in the same way they affect Income Related JSA. The first £5 per week of earnings is disregarded then after that it's reduced £1 for £1. I just can't find a specific link. I'm sure someone will confirm this either way.

Last night I was searching for 'income' rather than 'earnings' - thanks to your post I was able to find the info (still can't find a gov.uk source though? Maybe it's in the ADM.)

From the factsheet linked on this page https://www.nottinghamshire.gov.uk/care/benefits-finance/welfare-benefits/new-style-jobseeker-s-allowance

How will part time earnings affect my JSA?

Weekly earnings will be treated in the following way:

£5 is ignored for single claimants
£10 is ignored for unemployed couples (even if only one partner is working)
£20 is ignored for lone parents, people with disabilities and carers.

Earnings above these amounts will reduce your benefit pound for pound.

Child maintenance, Child Benefit and Child Tax Credits are disregarded.

Sharon87

If it's JSA then the 16 hour rule applies. If it's Universal Credit it's income, so you have to declare all income and you get your benefits reduced by 63p to the £1.

sleepless_saver

poppy12345 wrote: »

I'm fairly certain that earnings do affect New Style JSA in the same way they affect Income Related JSA. The first £5 per week of earnings is disregarded then after that it's reduced £1 for £1. I just can't find a specific link. I'm sure someone will confirm this either way.

The basic gov.uk guidance which seems very clear that the income is ignored?

https://www.gov.uk/guidance/new-style-jobseekers-allowance

calcotti

Although certain income is ignored some income is taken into account.
For pension income for example only the first £50/week is ignored.
For earnings only the first £5/week is ignored (for a single claimant).
As referenced by spoonie in previous post.

poppy12345

sleepless_saver wrote: »

The basic gov.uk guidance which seems very clear that the income is ignored?

https://www.gov.uk/guidance/new-style-jobseekers-allowance

Your understanding of that is not correct as correctly advised in post #5 above.

Simon_Jones_85

Thanks for all the responses. Sorry to be so slow replying - slight family emergency (it never rains but it pours...)

If I'm understanding correctly then, it's income that matters (at least according to that council website), so if I get paid for work done months ago it will still have to be deducted from my JSA?

James1968

If and when you receive a payment for your work, just report it and they will deduct the required amount from your benefits.

The do however, make the odd mistake. So keep a tight eye on your UC dashboard.