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Threatened with prosecution and homelessness for being self-employed

Created on Tuesday, 07 June 2011 19:36

Category: Latest news

7 July 2011

At the beginning of June Benefits and Work asked ‘Is self-employment the way forward?’.

We put forward the possibility that, for a minority of claimants, setting up a ‘micro-business’ and trying to negotiate thousands of pounds in payouts from work programme providers might be a reasonable proposition.

The article attracted a number of comments, both positive and  vehemently negative.  But one Benefits and Work member took the trouble to write us a detailed account of his own experience of being self-employed and on benefits.  Read what happened to him in his own words:


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 16 hours a week. I made no profit but it didn't make a huge loss either.

One of the main problems stemmed from the DWP having very little experience in this situation and therefore not handling it very well. For a few months I had to send in my accounts, with all of my receipts every two weeks! They then would work how much was needed to deduct from my benefit if necessary.

This proved to be a difficult time as my benefit payment fluctuated like the NASDAQ. After a few months of this they decided to allow me to send in my accounts every six months. It was then that things settled down and became a lot easier from the incapacity benefit standpoint.

The biggest problem I had though was from the local council. In order for them to work out my housing and council tax benefit, initially I had to bring in my receipts and accounts every two weeks. Eventually, I had to submit an exceedingly detailed set of accounts every six months instead. They then suspected me of benefit fraud and requested that I submit all my receipts and payments books. Which I duly did, having nothing to hide, after all.

They combed through my receipts and disallowed all sorts of expenses and payments for no reason other than they couldn't work out what they were for. If they'd asked I would have told them.

Eventually they could find no evidence of fraud. Not surprising to me as I had accounted for every penny of my business.

However, they informed me that they were in a position to disallow certain expenses that would otherwise be allowed by HM Revenue and Customs - they had their own set of rules completely separate from HMRC.

Subsequently, I had to pay back many hundreds of pounds of benefit despite my honesty in declaring every penny.

Rather than help support benefit claimants who wish to work in whatever small way they can, the local council treated me as a criminal. I could have argued and taken them to a tribunal, but by then the stress of it all was taking its toll on my health. 

They had altered my benefit so many times so that I was served an eviction notice from my housing association because I didn't have the money to pay the rent. My health suffered significantly from all the stress and it became necessary to close my non-profit business because of it.

All I wanted to do was contribute to society in my own small way, rather than sit at home feeling useless. I made a loss in my business over the few years it ran, but I was happy to run it at a loss because it gave me some of my dignity back. I felt useful again and the small loss I made was worth it to feel like that.

The local council stripped me of that dignity, turned my small loss into a BIG loss and caused me to have a major relapse.

Would I recommend going self-employed?

I won't say no, because I don't want to put anyone off work if they are able, but I will say that if you are considering self-employment whilst still on benefits be prepared, be very prepared. The government may make a lot of noise about wanting to help people back to work, but they don't back it up.

Have you had experience of being employed or self-employed and on benefits? If so, we’d love to hear how it was for you.  Use the comment facility below or contact us.
 

Comments  

 
#6 nixart 2012-01-20 00:44
My local Housing Benefit people told me that if you have zero income (ie because you couldnt cope with all the esa shenanigans etc) then you do not qualify for HB. In other words you MUST have an income of at least 67.50 to qualify as having no money. I was wondering if my ill friend could somehow force himself to do a days work (likely self employed) and hence at least keep his house.(ie they say you cant get HB if you have NO money) Food he gathers from the woods and rubbish bins.
 
 
#5 KarenJane 2011-07-15 19:28
I would definitely advise that under absolutely NO CIRCUMSTANCES consider self-employment as an option. There is nowhere near enough experience in the Job Centre Plus offices or Council offices to deal with a benefits application like this. I am speaking from very sobering/bitter experience. Both my husband and I are facing enormous debt, possible loss of our home because following his stroke he wanted to attempt to do something from home, rather than feel useless. He needed some help, but I have been on incapacity benefit for years (that has been stopped) for depression, although it turns out I had undiagnosed cycling bipolar. We had our home raided and have experience 3 1/2 years of living hell. We are appealing at a tribunal soon, but without any form of legal assistance or advisory assistance. There is no legal aid available and Citizens Advice cannot handle something this complex either.
Now with the erosion of legal aid I fear we are doomed. Complete hell!
 
 
#4 elrond 2011-07-15 10:01
This makes me very angry when I think of all the revenue lost to the nation by the ability of "fat cats" to use hedge funds and fancy acountants.

When the system itself is so rotten and corrupt and uncaring what incentive is there to be honest?

On the contrary its a great inducement to run a small business and say nothing.
 
 
#3 Glenn 2011-07-11 11:46
Afraid we have had similar experiences. Housing Benefit were by far the worst. Small therapeutic work on a non profit basis and they were demanding 3 years audited accounts on a newly started business. then they wrote to a customer asking details of work we had done for them and alleging fraud! We needed the help of a Law Centre!!
 
 
#2 Alec 2011-06-17 20:59
This is so familiar. I was sub-contracting and wanted housing benefit and help with council tax until I had enough work to be independent. I was not signing on. Staff at my local neighbourhood office were on my side, sympathetic and eventually outraged. The council had made decisions according to their mystifying rules which made my pay for the previous quarter £2.11 per hour. I was consequently in debt to all utility providers and in court threatened with eviction for rent arrears. Ten years on I haven't recovered financially. I continued sub-contracting while signing on and declaring all income, as if that would make the Housing Benefit situation easier to comprehend. This lead to me being investigated by the DWP after someone informed them I had been working. Told them I knew who their informant was. Me!
Declaring self-employment , seasonal, sub-contract & temporary work sends the system into meltdown. What happens after declaring your position is random & often punitive.
 
 
#1 ackaeevoo 2011-06-17 00:18
This is a powerful account of how the benefits system can and does trap people in degradation and poverty. The message of the moment is that the proposed "tapering" of benefits for sick people returning to work and often doing so fuelled by a mixture of sheer determination and healthy denial, will address this problem. Frankly I cannot see how it will, or can the "tapering" go on indefinitely if needed?
 

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