nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Carer's Allowance and income from renting property.
Thu 14-Jun-07 08:39 AM |
Rental income as such is not earnings from gainful employment. The test is, is the carer in gainful employment. This is a question of fact.
If a person quite clearly runs a businss which invlolves him/her actively working, i.e spending time on paperwork, supervising staff etc, then the likelihood is is that s/he is gainfully employed and rental income will count as earnings.
If, on the other hand, a person merely rents a single property without actually operating a business and, let us say that the rent is paid straight into his/her bank acount by direct debit, then it is highly arguable that s/he can be said to be gainfully employed as s/he does no work. This is an argument that I have successfully used in the past.
However, as CG 058/92 makes clear, if you are a partner in a business and receive a share of the profit you may be classed as gainfully employed. But note that if you are merely an investor or share holder you may not be caught by this.
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