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Where do I stand.
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scotslad2k
Posts: 6 Forumite

I need clear advice, I am a 54 year old guy with autism, Anxiety and in turn panic attacks. I have claimed benefits most of my life and currently still on esa. About four years ago I started teaching myself to carve wood which was good to keep my anxiety down a little. I started showing friends and family what I was doing and asking if I would sell my carvings. I looked into it online but all I seem to find is that it's illegal to receive anything for crafted items I make. All I wanted was to be able to replace the wood or buy a new tool if I needed to replace one.
Believe me when I say, I want to have a job and I do get help from Nation Autistic Society and their prospects team but I'm just too old an unskilled for anyone to want to take a chance and with UK government removing funding from charities, NAS has focused on 18 - 25.
I feel I am being punished for having mental health problems.
There doesn't seem to be a clear yes or no as to if I can get a little back. At the moment I'm giving my carvings away and having to refuse anything in return which annoys people and in turn upsets me. I don't want to directly contact the DWP as I have been told that if I do it will trigger me being transphered to UC which would kill me mentally.
So, please, I'm begging, I need clear advice or do I just give up carving, even NAS have had no clear answer from DWP on this.
If anyone wants proof of my carving you can find it on Instagram. Just look for scotslad2k.
Believe me when I say, I want to have a job and I do get help from Nation Autistic Society and their prospects team but I'm just too old an unskilled for anyone to want to take a chance and with UK government removing funding from charities, NAS has focused on 18 - 25.
I feel I am being punished for having mental health problems.
There doesn't seem to be a clear yes or no as to if I can get a little back. At the moment I'm giving my carvings away and having to refuse anything in return which annoys people and in turn upsets me. I don't want to directly contact the DWP as I have been told that if I do it will trigger me being transphered to UC which would kill me mentally.
So, please, I'm begging, I need clear advice or do I just give up carving, even NAS have had no clear answer from DWP on this.
If anyone wants proof of my carving you can find it on Instagram. Just look for scotslad2k.
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Comments
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Where did you find that it’s illegal to sell your work? What sort of wood are you using?0
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You can do permitted work while on ESA but are limited to hours and income.
https://www.mentalhealthandmoneyadvice.org/en/welfare-benefits/am-i-eligible-for-employment-support-allowance-esa/what-work-am-i-permitted-to-do-on-esa/
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Just looked at your insta page, you clearly have talent"You've been reading SOS when it's just your clock reading 5:05 "0
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comeandgo said:Where did you find that it’s illegal to sell your work? What sort of wood are you using?0
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sheramber said:You can do permitted work while on ESA but are limited to hours and income.
Nope, that won't work, I have already had it looked into by National Autistic Society because it's a hobby and not a job, it is impossible to work fixed hours and have fixed amounts for carvings as that would constitute self employed and running a business. Its not a business as I said, it's a hobby and all I want to do is make enough selling a few items to buy more wood. Carving is a therapy for me as it helps with my stress and keeps me focused with nobody telling me what to do and how I should do it. Therefor, it's not work so 'permitted work' doesn't apply here.
Also, if I were to turn it into a business it would run at a loss, generate more stress and anxiety and no longer give me enjoyment.0 -
scotslad2k said:comeandgo said:Where did you find that it’s illegal to sell your work? What sort of wood are you using?That's not correct, i see you're claiming ESA so permitted work rules will apply to you, this means you can earn up to £143 per week (less than 16 hours per week) without your ESA being affected.You do need to tell DWP that you're working and you'll need to fill out the LW1 form. You just need to be aware that if the work you do contradicts the reasons why you're claiming ESA then it could go against you the next time you're assessed.
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If you are saying it's illegal because it turns out at under minimum wage, that's not the case. The NMW is not a legal requirement for self-employed people. Otherwise realistically virtually no crafters of any kind would ever be able to run a business. https://www.gov.uk/national-minimum-wage/who-gets-the-minimum-wage
Edit: actually no, I see you acknowledge that already. Is the sticking point the definition of 'work'? Maybe it would help to view it as ad hoc or casual work - you're putting in effort and receiving money for the goods. You don't have to run it as a business (although if you sell items totalling over £1,000 you would have to register for self-assessment as a sole trader with HMRC - but as long as you keep records of your income and expenses that shouldn't be too onerous. There's no requirement for you to make a profit, and if you don't then you certainly won't have any tax to pay!)
It doesn't have to be run as a business, you are allowed to sell things you've made as part of a hobby.
With the hour threshold, hours can be averaged as long as the earnings aren't over the limit.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/959415/admv3.pdf
I see there's a lower limit of £20 but I have no idea what that actually means in practice; I can't see what difference it makes whether people earn £20 or £120.0 -
Spoonie_Turtle said:I see there's a lower limit of £20 but I have no idea what that actually means in practice;
The time restriction on the upper limit was then removed (in April 2017) rendering the lower limit irrelevant.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.1 -
poppy12345 said:scotslad2k said:comeandgo said:Where did you find that it’s illegal to sell your work? What sort of wood are you using?That's not correct, i see you're claiming ESA so permitted work rules will apply to you, this means you can earn up to £143 per week (less than 16 hours per week) without your ESA being affected.See link.You do need to tell DWP that you're working and you'll need to fill out the LW1 form. You just need to be aware that if the work you do contradicts the reasons why you're claiming ESA then it could go against you the next time you're assessed.0
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When you're self employed it's not so much the hours but your earnings, which mustn't be more than £143 per week. Which ever way you look at it, even if it's just a hobby it's still permitted work because you're earning money.
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