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Contribution based ESA (also PIP) and lodger
- jan russell
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4 years 11 months ago #243595 by jan russell
Contribution based ESA (also PIP) and lodger was created by jan russell
Hi
I am on contribution based ESA and PIP.
I live alone in my own flat (no mortgage )
My partner left six months ago. ESA informed of change in circumstance.
I have a spare bedroom, am I able to do occasional air b & b? Or would contribution based ESA (support group) be stopped etc.
I’ve tried to read around but reading contradicting advice.
Thank you in advance.
I am on contribution based ESA and PIP.
I live alone in my own flat (no mortgage )
My partner left six months ago. ESA informed of change in circumstance.
I have a spare bedroom, am I able to do occasional air b & b? Or would contribution based ESA (support group) be stopped etc.
I’ve tried to read around but reading contradicting advice.
Thank you in advance.
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- Gordon
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4 years 11 months ago #243656 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contribution based ESA (also PIP) and lodger
j
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Income, other than pensions, should not affect your ESA(CB) the only concern I would be if you offer B&B that you might be considered as working so I would check with the DWP office dealing with your claim first.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Income, other than pensions, should not affect your ESA(CB) the only concern I would be if you offer B&B that you might be considered as working so I would check with the DWP office dealing with your claim first.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- multipitch
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1 year 9 months ago #279031 by multipitch
Replied by multipitch on topic Contribution based ESA (also PIP) and lodger
Hi Gordon,
Appreciate this is an old post but it describes my position exactly. Is your answer still true in 2023? And do you have any official guidance or resources that state it?
I asked this question to someone at the DWP and he said it was a grey area, and that I would need to write a covering letter, and it would be decided by a Decision Maker.
I have been reading through the DMG chapters 49-51 and it appears to back up my position but it's pretty confusing.
Thanks for all the good work, from a newly signed up member
Appreciate this is an old post but it describes my position exactly. Is your answer still true in 2023? And do you have any official guidance or resources that state it?
I asked this question to someone at the DWP and he said it was a grey area, and that I would need to write a covering letter, and it would be decided by a Decision Maker.
I have been reading through the DMG chapters 49-51 and it appears to back up my position but it's pretty confusing.
Thanks for all the good work, from a newly signed up member
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- Gordon
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1 year 9 months ago #279048 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contribution based ESA (also PIP) and lodger
multipitch
Legacy Contribution Based ESA and New Style ESA are not affected by the claimant's savings and assets and any income they have with the exception of pension income.
Operating a B&B could be considered as working it can also have implications for PIP if you are performing activities that PIP reviews, an obvious one would be preparing and cooking a breakfast.
I can't point you at anything more than you have discovered for yourself, the problem is that benefits are written to define what they cover not what they don't e.g. savings and income for ESA(CB).
Gordon
Legacy Contribution Based ESA and New Style ESA are not affected by the claimant's savings and assets and any income they have with the exception of pension income.
Operating a B&B could be considered as working it can also have implications for PIP if you are performing activities that PIP reviews, an obvious one would be preparing and cooking a breakfast.
I can't point you at anything more than you have discovered for yourself, the problem is that benefits are written to define what they cover not what they don't e.g. savings and income for ESA(CB).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- multipitch
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1 year 9 months ago #279074 by multipitch
Replied by multipitch on topic Contribution based ESA (also PIP) and lodger
Thanks Gordon,
I'm going to give a little more detail here in case it is useful for others. I receive PIP and ESA (contribution based). I am unable to work at all.
I am hoping to take in a couple of friends as lodgers who will pay some monthly rent. The setup will be "living together" i.e. I am not doing any work like providing meals, laundry etc. PIP will not be affected, and if I understand correctly neither will contribution based ESA.
Looking at the decision maker's guides (which can easily be found by googling "DMG Chapter XX" where XX is a number) I get the following. This is what I will send to the DWP:
I will try to remember to come back here to update whether it was successful, though it won't be until later this year.
References used above:
I'm going to give a little more detail here in case it is useful for others. I receive PIP and ESA (contribution based). I am unable to work at all.
I am hoping to take in a couple of friends as lodgers who will pay some monthly rent. The setup will be "living together" i.e. I am not doing any work like providing meals, laundry etc. PIP will not be affected, and if I understand correctly neither will contribution based ESA.
Looking at the decision maker's guides (which can easily be found by googling "DMG Chapter XX" where XX is a number) I get the following. This is what I will send to the DWP:
I don’t meet the definition of an “employed earner” [49013]. Nor do the contributions paid by our lodgers meet the definitions of “earnings” [49016]. Therefore it is “income other than earnings” which does not affect the calculation of ESA(cont) [51000].
I will try to remember to come back here to update whether it was successful, though it won't be until later this year.
References used above:
- DMG Chapter 49 - 49013 The term employed earner means a person who is gainfully employed in GB: 1. under a contract of service; or 2. in an office (including an elective office) with general earnings
- DMG Chapter 49 - 49016 Earnings means any pay or profit derived from employment and includes… [long list of employment type payments. Rent definitely not included.]
- DMG Chapter 51 - 51000 With the exception of payments made to a person carrying out public or local functions, pension protection fund periodic payments, occupational and personal pension payments, income other than earnings does not affect the calculation of ESA(Cont)
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- multipitch
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1 year 9 months ago #279075 by multipitch
Replied by multipitch on topic Contribution based ESA (also PIP) and lodger
oh and also there is
48006 Unlike ESA(Income Related), the amount of ESA(Contribution Based) that a claimant receives is not affected by all income. It is affected by
1. any pension payments and
2. any PPF periodic payments and
3. any councillor’s allowances which the claimant receives.
48006 Unlike ESA(Income Related), the amount of ESA(Contribution Based) that a claimant receives is not affected by all income. It is affected by
1. any pension payments and
2. any PPF periodic payments and
3. any councillor’s allowances which the claimant receives.
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