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Top Incapacity related benefits topic #2876

Subject: "ESA & PARTNER'S earnings disrgards" First topic | Last topic
Ember
                              

Benefit Adviser / Trainer, Welfare Benefits Unit, York
Member since
12th Sep 2007

ESA & PARTNER'S earnings disrgards
Mon 05-May-08 12:40 PM

Starting at Part 10 Reg 83: income & capital of partner treated as clt's and to be calculated in like manner to clt's, except where context requires otherwise. No mention then of calculation of earnings until Reg 88 which specifically refers to exempt work (refs to calculation of earnings regs & sched.7.

Sch. 7 : sums to be disregarded in calculation of earnings. Disregards start at para.5 - exempt work ok 20/88.50 as applicable.
para.6. where clt. doing exempt work and earnings less than 20/88.50 partner's p/t earnings can be disregarded to make up the 20.
para.7. (1) this allows 20, if it applies to clt. cannot apply to partner except to make up the 20.
(2) lists the employments which apply (subject to (3))
(4) states this paragraph applies where clt's partner is in p/t employment and para.6 does not apply.
Sooooo
if I've got this right....
Para.6. straightforward makes disregard upto 20 where clt's earnings basically are below 20.

Para.7.(2) & (3)applies to very specific situations where partner's earnings makes disregard upto 20
then (4) is a catchall for the partner's earnings providing clt. not doing exempt work. Therefore a partner's earnings disregard would be 20 in all circumstances where the clt. has no earnings.

Apologies for the thinking out loud but have got to brain imploding point, and its a bank holiday!!!!

Question: is a partner's earnings disregard 20 unless the clt has earnings or a partner's earnings are disregarded to make up a 20 disregard where the clt. has eaernings below 20?

Cheers
M

  

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Replies to this topic
RE: ESA & PARTNER'S earnings disrgards, chrisduran, 06th May 2008, #1
RE: ESA & PARTNER'S earnings disrgards, Ember, 06th May 2008, #2

chrisduran
                              

Into-work facilitator, London Borough of Newham, Social Regeneration Unit
Member since
10th Mar 2004

RE: ESA & PARTNER'S earnings disrgards
Tue 06-May-08 08:09 AM

For ib ESA, I think it is the first £20 of the joint income of the couple that is disregarded (though different for contribution based obviously).

  

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Ember
                              

Benefit Adviser / Trainer, Welfare Benefits Unit, York
Member since
12th Sep 2007

RE: ESA & PARTNER'S earnings disrgards
Tue 06-May-08 08:28 AM

Thank-you. That's the conclusion I'd come to. Just had complete brain death at the time and needed reassurance.
Cheers
M

  

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