I currently have a client that has been getting IB from 1999. At the time he informed the department that he was a director of a limited company there was no investigations made into this at the time. In Aprial an accuracy check was carried out on his claim and it was discovered that there was a payment of class 1 a con been made to him since 1999. More investigations show that he was getting a salary £557.00 paid monthly. He has been voted in as a director by the farming co -op that his is a member with. He only attends 10 3.5 hr meetings a yr there is no other work involved with this. IB has now stated that he is capable of work because of the above has any one come across this before or have any information that may help.

As a starting point you should read the commentary to reg 16 of the Incapacity for Work Regs, under the heading “applying the de minimis principle….”, pp726-727 of the current law volume.

If the work cannot be discounted as de minimis then the person is treated as capable of work throughout the entire week in which he works and would need to reclaim in the following week.

However, note the effect of the linking regs in preserving the rate of benefit.

The work may be de minimis but the salary is not.

He will have been told of the need to report earnings even if it was not followed up.