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1 June 2011
As pressure on claimants increases, Benefits and Work asks whether setting up ‘micro-businesses’ and trying to negotiate thousands of pounds in payouts from work programme providers may be the way forward for a minority of claimants.
More and more sick and disabled claimants are either being forced onto Jobseekers’ Allowance (JSA) or are trapped in a seemingly endless cycle of failed employment and support allowance (ESA) medicals followed by successful appeals.
With the introduction of the new, harsher work capability assessment, the migration of claimants from incapacity benefit (IB) to ESA and the proposed 12 month cap on contribution-based ESA the situation will only get harder for many claimants.
In addition, the new Work Programme comes online in June and schemes such as mandatory work activity are already in place, meaning the pressure to attempt some form of paid work will continue to increase.
Clearly, for many claimants work is simply not a realistic possibility - no matter what the opinion of Atos and the DWP might be about their health condition. For these people, resisting the increasing pressure will be the only option.
But for some claimants, self-employment on a very small scale, and financially supported for two years by no doubt reluctant work programme providers, might seem worth considering.
The aim might not be to make a substantial profit from being self-employed. It might not even be to make any profit at all, but to be legitimately trading and thus able to escape the endless cycle of ESA medicals and still able to maintain a similar level of income.
In this regard, the work programme may present real opportunities for some claimants. For example, if you’ve been on long-term IB and get transferred to ESA then work programme providers will be able to claim up to £14,000 if they can get you into full-time work and keep you in it for two years. They get paid the money in stages as long as you stay in work. And it’s entirely up to them how they keep you in work.
Which potentially puts you in a very strong bargaining position. The providers will expect to have to spend money on claimants to get them working. So it’s mostly a question of how much you can get out of them.
You could just suggest a straightforward: ‘Pay me £50 a week to help me through the first two years and I’ll attempt self-employment.’ As far as we know there’s nothing to prevent this.
Or you could ask for other types of support, with more being provided say every three months that you stay in work. It could be a shopping list of things like:
- Training
- Help from a bookkeeper to do your accounts
- Specialist equipment for your trade or profession or in relation to your impairment
- The quarterly rental on a second phone line
- High speed broadband
- Adaptations to a vehicle
- Public liability insurance
- Goods to trade online
- A criminal records check if it’s needed for your line of work
In the end you can probably ask for anything you like, the only question will be whether a particular work programme provider thinks there will be enough profit left for them to make it worth their while.
That, at least, is how we understand the work programme could be used. We’ll know more once it has been running for a few months.
Of course there are a huge number of practical issues to contend with, such as:
- what sort of business to take up,
- the possible effect on entitlement to DLA, the complexities of keeping accounts,
- the effects of a variable condition on your ability to do even a limited number of hours,
- working out how much better or worse off you are likely to be, both now and potentially on the introduction of universal credit (UC)
- what happens if you have to stop work again
- what happens when support from the work programme ends.
But the potential advantages may be considerable too:
- no more ESA medicals, at least for a couple of years,
- being able to say that you are self-employed rather than a claimant,
- being able to work your own hours,
- possibly having more money.
Some people may already have saleable skills because, for example, they had a trade or profession before becoming ill or disabled. So, you might be an expert in planning law and be capable of doing small amounts of work sporadically. In which case setting up a business might be as simple as creating a website with a PayPal button on it so that people can pay in advance for your help and then finding ways to advertise your service.
Or you might have to look at a range of activities, which together would constitute enough self-employment. This might be offering your services as a pet-sitter, plus selling things on EBay and running a website which you use to sell affiliate products.
So, is self-employment a possibility that some claimants might want to seriously consider? Let us know what you think?
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Comments
there are so many things to consider but if I could go back to self employment I would, everyones abilities are different.
nothing ventured = nothing gained
I know it would improve my state of mind to be able to be self supporting and not reliant on incap benefit. sadly not an option for me now.
1) Work 16hrs pw min, get £90pw tax credit (basic + disability element) or £110pw if severe disability element qualified for. If business hasn't turned required profit initially, nonetheless a statement can be obtained from Jobcentre saying they think it'll be viable in future.
2) get wages from 16hrs, min £96 approx pw (@ min wage)
3) get tax free 'back to work credit' of £40pw from DWP (if been out of work for certain period), it's payable for a year, when job is expected to last 6mnths+
4) keep DLA if any claimed (DLA is about non-work).
I think it's more fun to have a renewable pot of money to try different business ideas with!
a) It is within their concept that small businesses are the way forward
b) Given the state of the jobs market and the inherent difficulty of placing people with often long term disabilities and illnesses into work , the providers will jump at the chance of making their money any way thats legal
But any future claim will be harder, the faculties and activities manage, even with difficulty, by the claimant during their trading time may will be exploited by the DWP and ATOS in the assessment of a future claim.
Interesting. I've never seen one of those, despite asking for a copy several times. I was told that these rules were confidential by Waveney Council. I commented that that was rather silly, but they insisted they were not allowed to give me a list of their rules and guidelines and that I should see an accountant for more information.
Yes they do, but the definition that the inland revenue classes as "net profit" is not the same as that which the local council puts upon it. At least according to Waveney Council anyhow.
I tried this myself for a few years and found it was minefield of disasters. I started and ran a small self employed business whilst on benefits. It came under the banner of "therapeutic work" as I did less than 16hrs a week. I made no profit but it didn't make a huge loss either. But the hassle I got from benefits agency and local council benefits dept. was a nightmare. I would beware!
If you can get SG, you should appeal. If under IB it made sense, then it does under ESA. Faced with reassessments, you may welcome a route out.
Its Income Support not Tax Credits that saves disaster if you fail atos. If you don't replace benefits, you don't pay tax. Thousands of MH sufferers are found fit and fail ESA. They are parked on JSA and can't get JSA with a working partner.
WP support is only a bonus if put in wrag.
Risky? Sure, but when asked recently what I do, I was able to say something. It's early days, not earning much, but I take breaks when I want. You don't have to make a wild success, just enough.
Keep fighting the good fight. Sorry to see discussion forum's gone.
BUT if it goes badly wrong, wouldn't it be used as proof that you aren't going to be eligible for ESA? So you'd need to be pretty sure it would work.
If you work 16+ hours a week on average (which includes any time spent researching your business or sorting out paperwork), and earn up to £6,420 a year, and you qualify for the disabled worker's element of Working Tax Credits, then your earnings from self-employment will be supplemented by £6,500 a year (or £7,865 if you get higher rate DLA care).
I had already used the selfemployment route because of mental health & need to control my working environment. When I became ill with CFS/ME, I made a loss - which was written off against my husband's earnings when they worked out our tax credits.
I'm working my way back up to 16 hours - currently just gone to 6-8. Roll on the 16 hours!!