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Vouchers paid in appreciation for a contribution to a residents survey . That’s earned income to the DWP surely?
Could a knowledgeable soul confirm this (or make me look silly)
Thanks
The DWP can consider a voucher to be income all they like…
However it is not cash and it is a voluntary payment so completely disreagarded as income.
They’ll probably ignore it but, in strict interpretation, it could be earnings and taken into account. See the JSA regs 2013 58(1)(i) and 58(2)(3).
I respectfully have to disagree, reg 58 relates to earnings of employed earners.
I would be very surprised if the council/HA/landlord employed the tenants for completing/contributing to a residents survey…. maybe they did and the tenants have contracts but I doubt it!
Whereas a voucher in appreciation screams voluntary/optional and so disregarded.
As the voucher will usually for somewhere like a shop, it could be viewed as being a payment to a third party and thus ignored unless it is used for food, ordinary clothing or footwear, household fuel, rent for which HB is payable, C Tax or water charges. Reg 42 (4) (a) (ii) IS Gen Regs. So OK as long as used for “non-basics”.
Also arguably it is a voluntary payment as it is paid even if the person gives a poor quality interview or rambles on for hours.
I don’t think that there are any regulations which say that earnings only count if you do a good job.
It will / could depend upon exactly what the agreement / offer is. If it’s been expressed as “Do this and we will pay you with a voucher” (Which might be because it’s administratively easier than paying cash) then it’s arguably earnings. If it’s expressed in some other way, it may not.
I doubt whether the department will want to get involved with such schemes but you never know; it just takes one DM as we all know.
could this sort of payment come under the disregards applying to ‘service user involvement’?
- see DMG vol 5 28393 to 28395
http://www.dwp.gov.uk/docs/vol05.pdf
28393 People participating in a service user group are often called “service users”. A service user group means any group of individuals that is consulted under certain legislation by or on behalf of
1. in Scotland a Health Board, Special Health Board or Agency or
2. a landlord authority or
3. a public authority or
etc etc ... up to
10. an LA or public authority in GB as a result of a function provided for under an enactment for the purposes of monitoring and advising on the policies affecting and services provided to users or potential users of those services.
28394 Any payment of expenses paid to the claimant as a result of participating in a service user group is fully disregarded.
JSA Regs, Sch 7, para 2A; IS (Gen) Regs, Sch 9, para 2A
rules about disregards introduced by SI 2655/2009 http://www.legislation.gov.uk/uksi/2009/2655/pdfs/uksi_20092655_en.pdf
So… the vouchers paid in appreciation for a contribution to a residents survey is either:
A - employed earnings as an employee (doubtful as highly unlikely that the client was hired as an employee given that it was a voucher ‘in appreciation’ rather than a wage)
B - disregarded service user payment (again doubtful as a voucher in appreciation does not suggest a payment of expenses)
C - or it is a voluntary payment (no legal/contractual requirement to be given)
I know where I would place my money and I do not think the client has to disclose - unless of course further digging brings to light an agreement which meets A above. Then disclosure only needed if as Neil says the voucher would be for/cover living costs and it was more than the relevant earnings threshold.
Might be - Might not be. It all depends on the facts.
I will say though that if labelling something ‘in appreciation’ gets round anything being earnings that would be a pretty big loophole. I suspect that if the DWP chose to argue the point it would stand up as well as raffle tickets winning beer at a village fete.