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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

UC, Self Empluyment and Disabilty

JRyan
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Welfare Benefits, ParagonCHG, Surrey

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Total Posts: 50

Joined: 13 February 2014

Disabled claimant, working on a self employed basis for a long time. Receives WTCs, PIP and direct payments to support a live in carer (so no SDP). Irregular income from SE has messed up HB claim and we are looking at a move to UC.

Wants to continue to work as self employed on a very part time basis and I’m trying to get my head around what tactics to use with work coach. Can I argue that with a fit note they should not be subject to any work search conditionality but that any work they continue to do as self employed is not subject to MIF? Or do I need to separate them out? Claim as unable to work due to health (would probably get LCWRA) and just declare work as and when. Or claim as SE (and miss out on LCWRA) and request that no MIF is applied?

I have confused myself, can anyone advise what they would do?

Elliot Kent
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Shelter

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Total Posts: 1283

Joined: 14 July 2014

Whatever you do, the claimant is going to start off in the all work related requirements group and therefore potentially subject to MIF.

MIF should only be applied if the work is outside start up period and is “gainful self employment”. It may be that there is some argument about whether it is or not.

But if it is GSE, then MIF applies regardless of what the work coach thinks.

Whether or not MIF is applied, your client can then start up the WCA process by handing in fit notes. Earnings aren’t relevant as PIP is in payment.

If it is then determined that he has LCW or LCWRA, then he is no longer in the all work related requirements group so MIF doesn’t apply and you are back to actual earnings.

So I don’t see what tactics there are with the work coach. I think the bigger tactical point is whether it might be wise for your client to abandon his self-employment entirely until he has an LCW or LCWRA decision and is therefore safe from MIF.