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IR ESA claification query.
11 years 1 month ago #101913 by Gareth56
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Replied by Gareth56 on topic IR ESA claification query.
Thanks Gordon
What's confusing is that even though someone may be not be classed as being in remunerative work their income i.e. their remuneration is taken into account!
So in one breath they are being classed as not being in any paid work then in the next breath their pay is taken into account.
What's confusing is that even though someone may be not be classed as being in remunerative work their income i.e. their remuneration is taken into account!
So in one breath they are being classed as not being in any paid work then in the next breath their pay is taken into account.
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11 years 1 month ago #101914 by Gordon
The guidance in this area is less than clear, for example there is no definition "regular and substantial care", the exemption is in relation to the 24 hour rule, but is not referenced in income, so it is possible that it is also exempted, but you would need to check, the point I was trying to make, and I don't think I did good job of it, is that you cannot ignore the income aspect.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IR ESA claification query.
Gareth wrote: Thanks Gordon
What's confusing is that even though someone may be not be classed as being in remunerative work their income i.e. their remuneration is taken into account!
So in one breath they are being classed as not being in any paid work then in the next breath their pay is taken into account.
The guidance in this area is less than clear, for example there is no definition "regular and substantial care", the exemption is in relation to the 24 hour rule, but is not referenced in income, so it is possible that it is also exempted, but you would need to check, the point I was trying to make, and I don't think I did good job of it, is that you cannot ignore the income aspect.
Gordon
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11 years 1 month ago - 11 years 1 month ago #101915 by Gareth56
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gareth56 on topic IR ESA claification query.
Hi Gordon
It was just something that caught my attention in the ESA FAQ section.
From providing the "regular and substantial care" requirement I suppose given that there are 168 hours in a week it wouldn't be too difficult to show that if you worked for example 30 of these hours then the remaining 138 were given over to care.
It does seem contradictory though that someone can be found exempt from being in paid work for the purposes of IR ESA if they provide this level of care but then have the money paid taken into account.
Just another one of the vagaries of the welfare system I suppose!
It was just something that caught my attention in the ESA FAQ section.
From providing the "regular and substantial care" requirement I suppose given that there are 168 hours in a week it wouldn't be too difficult to show that if you worked for example 30 of these hours then the remaining 138 were given over to care.
It does seem contradictory though that someone can be found exempt from being in paid work for the purposes of IR ESA if they provide this level of care but then have the money paid taken into account.
Just another one of the vagaries of the welfare system I suppose!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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