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Top Income Support & Jobseeker's Allowance topic #4251

Subject: "earnings disregard" First topic | Last topic
ca
                              

Welfare rights caseworker, norwich Citizens advice bureau
Member since
09th Jul 2007

earnings disregard
Mon 09-Jul-07 04:03 PM

Hello to anyone who can offer advice on the following:

I have a client who has Asylum in the UK. & claims JSA for himself & his wife.
Works occaisionally as an Interpreter.

Client is based in Norwich, but the office of the company he works for is based in Cambridge.
Client does most of his work in Cambridge, Peterbrough, & surrounding areas.
Client gets paid an hourly rate for his work, & pays for the petrol to get to & from the place of work but is then reimbursed at the end of each month - therefore he is not making any profit from this.
The DWP have decided that this is not allowable expenses & are therefore treating it as earnings.
I was advised that if the client travelled to the office of his employment & then travelled to the location where his interpreting skills were needed they would treat the later journey as allowable costs.
Therefore have the problem that unless his employer chooses to relocate to Norwich, the client will have to incurr the cost of traveling to his work.

Does anyone have any handy tips on how to approach this one other than reg 35 c of 1987 Regulations "earnins shall not include - any payment in respect of expenses wholly, exclusively and necessearily incurred in the performance of the duties of the employment".

Many thanks
Jackie

  

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Replies to this topic
RE: earnings disregard, ariadne2, 09th Jul 2007, #1
RE: earnings disregard, ca, 10th Jul 2007, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: earnings disregard
Mon 09-Jul-07 08:05 PM

Does he ahve a right to refuse work if offered it?

Is he paying class 1 national insurance and PAYE income tax?

Just a thought but if he was self-employed his travelling expenses would be deductible.

  

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ca
                              

Welfare rights caseworker, norwich Citizens advice bureau
Member since
09th Jul 2007

RE: earnings disregard
Tue 10-Jul-07 10:18 AM

Sadly the client is not self-employed. Had not thought about what will happen if the client now refuses to continue working as an interpreter - could lead to a whole new issue, but would have to argue that he is going to be out of pocket!

Jackie S

  

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Top Income Support & Jobseeker's Allowance topic #4251First topic | Last topic