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Top Housing Benefit & Council Tax Benefit topic #6974

Subject: "S/E NON DEP" First topic | Last topic
robzrob
                              

HB &CTB VO & ASSESSOR, KERRIER DISTRICT COUNCIL, CAMBORNE, CORNWALL
Member since
18th Nov 2006

S/E NON DEP
Sun 10-Aug-08 01:54 PM

Hello All

Quick one, hopefully. The earnings taken into account of non-deps is always the gross amount. What does gross mean if the non-dep is self-employed? Actual money received? Actual money received minus expenses?

  

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Replies to this topic
RE: S/E NON DEP, Gareth Morgan, 10th Aug 2008, #1
RE: S/E NON DEP, robzrob, 10th Aug 2008, #2
RE: S/E NON DEP, Kevin D, 11th Aug 2008, #3

Gareth Morgan
                              

Managing Director, Ferret Information Systems, Cardiff
Member since
20th Feb 2004

RE: S/E NON DEP
Sun 10-Aug-08 01:55 PM

Usually the net profit, the income of the business less expenses.

  

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robzrob
                              

HB &CTB VO & ASSESSOR, KERRIER DISTRICT COUNCIL, CAMBORNE, CORNWALL
Member since
18th Nov 2006

RE: S/E NON DEP
Sun 10-Aug-08 04:43 PM

Thanks, Gareth, that's what I thought.

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: S/E NON DEP
Mon 11-Aug-08 08:14 AM

I'd offer a note of caution.

When providing training on self-employed earners, I have consistently argued that "gross" means the figure after the deduction of allowable expenses, but before the deduction of tax/NI. In support of that, the following case law has been cited:

The Chief Adjudication Officer v. Hogg <1985> 1 WLR 1100, (R(FIS) 4/85)
www.rightsnet.org.uk/pdfs/rfis/4_85.pdf

HOWEVER, someone has recently reminded me of CIS/3066/1998 in which the "Hogg" approach was distinguished and not followed.
www.rightsnet.org.uk/pdfs/cis/3066_98b.pdf

I am still pushing the Hogg approach, but my course is now modified to acknowledge the IS CD.

For what it's worth, the DWP's view is emphatically that gross means gross - absolutely NO deductions for anything. Ever. But, in my view, the DWP's "guidance" should never be relied on as anything other than an aid. Certainly, never as a definitive view.

  

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Top Housing Benefit & Council Tax Benefit topic #6974First topic | Last topic