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Top Incapacity related benefits topic #5062

Subject: "Incapacity Benefit and Private rental income" First topic | Last topic
jacker79
                              

specialist welfare rights worker, north east doncaster citizens advice bureau
Member since
18th Jan 2008

Incapacity Benefit and Private rental income
Wed 14-Apr-10 01:18 PM

I have client on incapacity benefit (not income support) and industrial injuries benefit, client is on no means tested benefits.
Client wants to rent out his own house at £70 per week whilst he goes into a more suitable property. Client wants to know if this will affect his incapacity benefit and industrial injuries benefit ? Unable to find this information anywhere ?

  

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Replies to this topic
RE: Incapacity Benefit and Private rental income, clairehodgson, 14th Apr 2010, #1
RE: Incapacity Benefit and Private rental income, ariadne2, 14th Apr 2010, #2
      RE: Incapacity Benefit and Private rental income, murphs, 15th Apr 2010, #3
           RE: Incapacity Benefit and Private rental income, jacker79, 15th Apr 2010, #4
                RE: Incapacity Benefit and Private rental income, nevip, 15th Apr 2010, #5

clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Incapacity Benefit and Private rental income
Wed 14-Apr-10 07:23 PM

IIDB is not a means tested benefit so it won't affect that.

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Incapacity Benefit and Private rental income
Wed 14-Apr-10 08:50 PM

Neither is incapacity benefit. The only form of income that directly affects incapacity benefit is private pensions (leaving aside the issue of any non-permitted work). IIDB can be claimed by soemone in full-time high-paid work with a large fortune!

  

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murphs
                              

Senior Financial Inclusion Officer, Rethink. London
Member since
09th Sep 2009

RE: Incapacity Benefit and Private rental income
Thu 15-Apr-10 11:41 AM

I don't know the answer to this question it's just something that popped into my head as I read the initial post-

Would he then be classed as a landlord? And could that impact on his assessment of being unable to work?

  

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jacker79
                              

specialist welfare rights worker, north east doncaster citizens advice bureau
Member since
18th Jan 2008

RE: Incapacity Benefit and Private rental income
Thu 15-Apr-10 01:03 PM

had not thought of that aspect, something to think about
thanks
Sarah

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Incapacity Benefit and Private rental income
Thu 15-Apr-10 01:19 PM

Reg 16(1) of the Incapacity for Work Regs is in the following terms:

“A person shall be treated as capable of work on each day of any week during which he does work”.

A landlord letting out a property in the above scenario where the rent probably is paid directly into his bank account at monthly intervals (as opposed to a landlord with a portfolio of properties who is clearly running a business) could hardly be said to be doing work.

Even if those other activities involved in being a landlord such as creating the tenancy agreement, arranging a contractor on rare occasions to carry out minor repairs, could be classed as doing work (which I doubt) then they would, in my view, be de minimis and excluded from account.

  

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