esa possible windfall help

nobodytrue

hi.   im currently in recipt of ESA support group (with servere disability premium) and I have an issue.  I write things for fun and have been offered 2k for the rights to something ive written.  its never happened before and I doubt ever will again.

but if I accept the money, will I lost everything.  if not ill just give my rights away.  but it would be good if I could keep it.

susan48

I hope I’m correct in saying your allowed £6000 in savings before it effects your ESA

susan48

Oh and well done

nobodytrue

yes it does.  but this money will be paid by a proper company who will record who I am and what account they paid the money too for there own tax records.  so it still money coming in whilst im in recipt of ESA,  and when they put there accounts in to the revenue the revenue will know.

and will know ive paid no tax on it etc etc.

its a mine field.

susan48

I’d get advice from CAB as I really don’t know the answer, sorry I couldn’t help.

Maybe @mikehughescq knows more?

poppy123456

As it will be classed as income and you're claiming income related ESA then you will need to report this money to DWP when you receive it.

nobodytrue

hi poppy.  yes im aware of this.  that's why im asking for advice as I don't know what they will do then.  

do you know what the dwp position will be if I tell them that im about to be given 2 thousand pounds? what steps they will take?

if its going to be more hassle then its worth I wont accept the money, ill just give my rights away.

poppy123456

When claiming ESA you're allowed to do permitted work and earn up to £125.50 per week, without it affecting your money but you must tell DWP before starting the work. If it is classed as work then this amount of money is way beyond that amount, even with being paid monthly and you'll most likely have an over payment of your ESA.

You really do need to get further advice about this and contact your local welfare rights or CAB because i'm not expert and the last thing i want to do is give you the incorrect advice.

nobodytrue

im trying.  C.A,B just told me "you have to tell them" but wont tell me how,
I cant use the phone or go out so I don't know how I'm supposed to tell them.


ill just give it away.  Ill still get the credit.  would have been so handy though as ive 7 grand in debts due to DWP mess-ups in the past.


  

poppy123456

Giving it away isn't going to help your situation if it's paid into your bank. As soon as this happens then you'll need to report the money. Do you have someone that can ring on your behalf? You'll have to go through security first but then you can pass the phone onto them.

nobodytrue

no I will give the thing ive written away.  sign away my rights to receive money for it.   so the company can use it but I don't get anything.
'

anyone know what "work which is so minimal that it can be regarded as trivial or negligible " means or is judged?

wilko

Just just a thought, you have £2000 to be paid for your rights of work you have done. You can earn £125 per week would the company be willing to pay you that amount over 16 weeks that way you will, should be ok ? 

nobodytrue

I dunno and it would be self employed and I don't know how to do that. getting heebeejeebeeies just thinking about it.

poppy123456

wilko said:

Just just a thought, you have £2000 to be paid for your rights of work you have done. You can earn £125 per week would the company be willing to pay you that amount over 16 weeks that way you will, should be ok ? 

I agree but that wouldn't be the case if it's classed as work already done because you need to tell DWP you're doing permitted work.

nobodytrue

its hard.  I read somewhere that if your like selling you car on ebay they wouldn't worry about it is its a one off.  but I don't know of it works the same.

poppy123456

Selling your car and getting paid for writing something is totally different. Getting paid for something you've written is classed as working. Selling just one car on ebay isn't working but of course it would be different if you were selling multiple cars because then you'd be classed as a trader.

nobodytrue

aye but as its previous art. I don't know why selling an intellectual property is and different.    not disagreeing with your analysis just saying that if you build a kit car with the intention of selling it.  that's work is it not?   but selling a car you have had hanging around for years is not.

by the same token selling something I wrote some time ago is different to accepting a commission to write.

its not fair.


wonder if I would have this problem if It were a competition ?  do people who win a chunk on the bingo have the same problem?

poppy123456

As i previously stated, i'm not an expert for clarification then you will need to somehow contact the DWP. As you also stated that it's coming from a company and HMRC will know sometime in the future which will mean that DWP will also know.

nobodytrue

yeah.  spokr to someone fdrom  another disabled support line and he said it migh be enough for them to push me into universal credit. and that will cost me a lot more then 2 grand


wouldn't it be good if they could just have a system to declare you have had some money come in and they not pay you for a few weeks or whatever,.  for one off things like this. or even pay 90percent to them that would be fair.