I’m just about to start a UC claim, I’m self-employed and need to ask

novamation

I’m just about to start a UC claim; I’m self-employed and need to ask...

1. I sell artwork through print on demand companies like Redbubble, and most pay out on or just after the 14th of the month (One pays out on the 1st-2nd), when is it best to start a UC claim?

2. About the health question, I have mild asthma - does that need to be mentioned?

And a few years ago I slipped a disc, and it relapses every so often, I manage it by knowing how much I can physically do in a day, e.g. I can’t stand for long periods. I don’t want to mention it if it means I get bounced around different benefit claims, because I believe it’s not bad enough to get any kind of disability benefit.

3. On the claim from there’s a question under other income that says “any other money you pay tax on like royalties or patents”?  Does this mean like old books and TV shows, where you couldn’t remove your old work like I could? (I can delete stuff.) When I sell art online, the PODS often refer to earnings as royalties, but I don’t think it’s what this question is asking about?

4. On the minimum income floor, is there something about it lasting a year for new claimants, or is it just till April. I’ve been doing this (art) for a few years though (mostly living off savings though)

5. Will I need to confirm my identity if I already have an HMRC account? I don’t have a passport or drivers license.

Spoonie_Turtle

1) it shouldn't make too much of a difference.  It might be simpler to make the claim a couple of days after a payment though, so that any slight deviations from your usual pay date don't cause problems at all (e.g. if paid a day or two earlier due to weekends).

2) you won't be bounced around any other benefits if you declare a health condition.  Whether it's worth mentioning depends on whether it affects your ability to work.  The way ill health is taken into account on UC is with a Work Capability Assessment (exactly the same process as for ESA) but needs to be triggered by illness for more than 28 days and a fit note from your GP.  It's worth reading up on it, but if flares are only occasional and you can sit and walk and physically move fine and have no other conditions that affect your ability to work, it's unlikely you would be assessed as having limited capability.  Your work coach would need to take into account all of your circumstances though, whether you're assessed or not, and if that means not applying for jobs where you would have to be standing all day with no option to make adjustments to sit down then they would have to take that into account.

4) the MIF will only apply to anyone deemed gainfully self-employed.  So if this is something on the side but you're looking for other work, it may not matter.  If you're not looking for other work then selling your art needs to be substantial enough work to count as gainful self-employment.  [I'm not sure what the current decision is about when it will be reintroduced and how soon it will apply to new claimants.]
More info here: https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/self-employment/gainful-self-employment

poppy12345

Spoonie_Turtle said:

 Whether it's worth mentioning depends on whether it affects your ability to work.  The way ill health is taken into account on UC is with a Work Capability Assessment (exactly the same process as for ESA) but needs to be triggered by illness for more than 28 days and a fit note from your GP.

If the OP doesn't receive a disability benefit such as PIP or DLA then they must be working less than 16 hours per week, to start the work capability assessment process off. If they don't then sending in the fit notes will make no difference.

novamation

poppy12345 said:

If the OP doesn't receive a disability benefit such as PIP or DLA then they must be working less than 16 hours per week, to start the work capability assessment process off. If they don't then sending in the fit notes will make no difference.

I'm working full time at the art, just not earning much. But I not currently unwell enough to get pip or dla. I guess this point is moot until April, but I just not sure what to declare now. If I get sent on workfare and the back gets worse, then I'd have to declare it when I have an actual relapse, though I'd prefer to avoid it.

Spoonie_Turtle

poppy12345 said:

Spoonie_Turtle said:

 Whether it's worth mentioning depends on whether it affects your ability to work.  The way ill health is taken into account on UC is with a Work Capability Assessment (exactly the same process as for ESA) but needs to be triggered by illness for more than 28 days and a fit note from your GP.

If the OP doesn't receive a disability benefit such as PIP or DLA then they must be working less than 16 hours per week, to start the work capability assessment process off. If they don't then sending in the fit notes will make no difference.

Isn't it if they're earning under the equivalent of 16hrs at NMW? But yes, I had forgotten to include that info, thanks!

poppy12345

Even if you do declare your health condition you won't be referred for a work capability assessment because of the hours you work.

As you're self employed you will need to report your earnings and expenses on your journal each month.

When the MIF does return as you've been self employed for more than 1 year then it may apply to you.

calcotti

poppy12345 said: When the MIF does return as you've been self employed for more than 1 year then it may apply to you.

Since September anyone claiming UC for the first time would have got a one year MIF grace period regardless of how long they have been self employed. Even if treated as gainfully self employed OP should not be subject to the MIF for at least 12 months.

tomtom256

Under UC I didn't think the hours worked mattered, I thought just having a health conditon and a fit note, started the WCA process?

calcotti

tomtom256 said:

Under UC I didn't think the hours worked mattered, I thought just having a health conditon and a fit note, started the WCA process?

No.  In general a WCA referral cannot be made if claimant is earning more than 16hours x NMW. This does not apply to those with a qualifying disability benefit or to those entitled to be automatically treated as having a LCW or LCWRA.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864925/admg1.pdf

G1030 Normally a claimant who is in work earning above the relevant threshold (see G1033) is

1. not entitled the LCWRA element and

2. not subject to work–related requirements.

Unless any of the exceptions in G1032 apply, the WCA is not carried out, so entitlement to the LCWRA element cannot be considered.

G1031 The in work gateway allows claimants who are working, but are at risk of not being able to do so, where they

1. are disabled and entitled to AA, DLA, PIP or AFIP or

2. start work after being assessed as having LCW or LCWRA to be assessed or reassessed under the WCA. If they have LCWRA, the LCWRA element will continue to be included in the UC amount until the next WCA is due, or there is a specific reason to carry out a fresh assessment.

G1032 Where the claimant has weekly earnings that are equal to or above the relevant threshold (see G1033), a WCA cannot be carried out unless

1. they are entitled to

1.1 AA or

1.2 DLA or

1.3 PIP or

1.4 AFIP  or

2. the WCA is to review a previous LCW or LCWRA determination made for the purposes of ESA or UC7 – see G1035 for further details.

G1033 The relevant threshold is the amount the claimant would be paid at the highest NMW hourly rate for 16 hours a week. 

if a claimant has been found to have LCW or LCWRA there are no limits on hours of work or earnings.

novamation

I'm just filling this section out now, if I say yes to "Do any of your conditions restrict your ability to work or look for work?" it seems to think I can't work at all, So if I say no, are these conditions still taken into account?