Tax Credit managed migration to UC self employed

fluffyflufffluff

I am on a managed migration from Tax Credit's to Universal Credit.
I am self employed and have provided all the necessary documents to show that I have a proper business.
My problem is that two days after my migration I fell and fractured my right dominant wrist suffering nerve damage and was not able to work for ten weeks. My business is on Etsy so had to close my shop for those ten weeks.
My Job Centre have said that I need to have met the minimum income floor and that I had 3 months to do that even though I was unable to work for 10 weeks.
I am a bit confused by this as I have only read articles saying 12 months but they say 3 months?
Thank you 

justwhat

When you provided your docs did they say they were satisfied you were gainfully self-employed?  (if so you should get the 12 month grace period)

As an example making a few hundred pound on etsy , may not be seen as gainfully employed. But there is still the 12 month start up rule.

poppy12345

justwhat said:

When you provided your docs did they say they were satisfied you were gainfully self-employed?  (if so you should get the 12 month grace period)

As an example making a few hundred pound on etsy , may not be seen as gainfully employed. But there is still the 12 month start up rule.

You don't have the 12 month start up period if found not to be gainfully self employed. 

NedS

Did you report a health condition on your UC account to say you were unfit for work and provide fit notes from your GP?

If not, then your Work Coach will expect you to be taking steps to meet your minimum income floor. If they determine you are not taking reasonable steps, they can impose the MIF immediately. If you were unfit for work you should have declared that and provided medical evidence (a fit note from your GP) when asked.

Spoonie_Turtle

I think the 3months might be related to losing transitional protection if earnings fall below a certain threshold.

Whether that means losing the disregard of savings over £16,000 and/or the transitional element, I don't know.

OP do either of those apply to you?

justwhat

Should the OP not be exempt from MIF if gainfully SE for 12 months?

poppy12345

justwhat said:

Should the OP not be exempt from MIF if gainfully SE for 12 months?

They can end the start up period before the 12 months are up if they are not taking steps to increase their earnings. See link.
https://www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/universal-credit-and-self-employment-quick-guide#start-up

justwhat

poppy12345 said:

justwhat said:

Should the OP not be exempt from MIF if gainfully SE for 12 months?

They can end the start up period before the 12 months are up if they are not taking steps to increase their earnings. See link.
https://www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/universal-credit-and-self-employment-quick-guide#start-up

i would have thought you would get the opportunity to show you are making an effort to increase profits. Probably at the meetings every few months or so. Its a bit unfair if they just terminate the start up period.

NedS

justwhat said:

poppy12345 said:

justwhat said:

Should the OP not be exempt from MIF if gainfully SE for 12 months?

They can end the start up period before the 12 months are up if they are not taking steps to increase their earnings. See link.
https://www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/universal-credit-and-self-employment-quick-guide#start-up

i would have thought you would get the opportunity to show you are making an effort to increase profits. Probably at the meetings every few months or so. Its a bit unfair if they just terminate the start up period.

Yes, they will be required to attend quarterly meetings to provide evidence of exactly that, although monthly reported income and expenses go a long way to the fact.

If they have been unable to work due to their fractured wrist, but have failed to declare a health condition and submit fit notes, the Work Coach would have little to work with. They really need to have reported their health condition and have provided fit notes, at which point the Work Coach can take that into account.

fluffyflufffluff

I have completed my gainfully self-employed interview and, to my knowledge, met the conditions. 

My Fit Notes, covering my time off, have been accepted. 

The Job Centre has not scheduled any appointments with me. 

When I inquired about a zero payment, they informed me of the three-month rule and that I must meet the minimum income floor. So my last payment (zero) is for two weeks off sick and then 2 weeks of restarting on Etsy so I had no chance at all.
Just before 9am this morning I added a note to my journal asking them to confirm my self employed status but they have not replied yet.
I officially retire in 3 months and this is so stressful 

Spoonie_Turtle

fluffyflufffluff said:

I have completed my gainfully self-employed interview and, to my knowledge, met the conditions. 

My Fit Notes, covering my time off, have been accepted. 

The Job Centre has not scheduled any appointments with me. 

When I inquired about a zero payment, they informed me of the three-month rule and that I must meet the minimum income floor. So my last payment (zero) is for two weeks off sick and then 2 weeks of restarting on Etsy so I had no chance at all.
Just before 9am this morning I added a note to my journal asking them to confirm my self employed status but they have not replied yet.
I officially retire in 3 months and this is so stressful 

Can you tell us exactly what they said, please?

When did you start claiming UC?  As far as I understand you should still have had 12 months exempt from the MIF because that applies to all new claims of UC regardless of whether they were migratory claims or not.