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Uc and gainfully self employed

13 replies

rimx · 30/01/2024 21:44

Hello,

I just need some help. I have recently applied for Universal Credit and we have submitted our ID checks. My husband has been self employed since November 2023 and I used to work full time but now I receive carers allowance for caring for my sick mother.
I have a 2 year old son.
My UC claim is jointly with my husband. My husband is from Pakistan and has joined me in the uk via the spouse visa route therefore he is unable to claim public funds. I can do this as I am a British citizen. I understand he will fail the habitual residence test which is fine.

My husband has an appointment coming up with uc to Check his self employment. At the interview they will check if he is gainfully self employed. My husband work for Uber eats as a delivery driver and roughly makes around £1400 a month working around 40-60 hours a week.

In this interview what does my husband need to prepare. I understand that I can take his bank statements but I'm just a bit confused what else does he need to bring with him in the interview to support the claim and what does this interview mean. Will it affect the chances of us getting Universal credit.

Apologise for being long winded.

Thanks

OP posts:
griseldaaaa · 30/01/2024 21:47

Make sure his phone is fully charged as they will want to look at his bank account.

Does he have a contract with ubereats? Take that, too.

Details of any invoices or payments he's been made.

They want to see any evidence he has that his business is viable for him to be declared gainfully self employed.

So, you can't just wander in with a plan on the back of a matchbox and no evidence of likely or existing success and expect to be declared gainfully self employed.

All of this is information is available when you log into the portal.

griseldaaaa · 30/01/2024 21:48

I have no idea about the rest of it, though, re: your husband's status. If he can't claim public funds, why have you added him to the claim? Just seems as though you're complicating things, but as I said I don't know the ins and out of this.

rimx · 30/01/2024 22:08

@griseldaaaa
Thanks for your reply

I did question myself as to why I added him to the claim as he cannot claim public funds but I didn't want to do anything incorrect which can affect us negatively eg fraud.

Another question if he cannot claim public funds then this interview that my husband has for being gainfully self employed doesn't make sense as he cannot claim uc due to not being able to claim public funds however as I am a British citizen I can claim UC. I think he will be part of the claim due being married and us being a couple.

I am just very confused right now. All this is very new to me
Thanks for your support

OP posts:
rimx · 30/01/2024 22:13

Also

The only payment his made to his Uber eats delivery job is his business car insurance which is roughly £300 a month and he does around 100- 130 miles a week so petrol costs.
So realistically to this interview I can only bring with me bank statements as he doesn't really have any invoices for anything. He pays for his car insurance and petrol using his bank card which will show in his bank statements. I do not know what else to bring or prepare for the interview for him. English isn't his first language and I will be their to act as an interpreter for him
Thanks

OP posts:
8dayweek · 30/01/2024 22:22

If your Husband has a NRTPF restriction they'll be made an ineligible partner and won't be considered gainfully self employed (this is a good thing, in so far as the MIF can't be applied in respect of them).

Their side of the UC account will become unavailable after they are made ineligible (once HRT decision is made) and basically the Gateway appointment should just be to explain how you (as the eligible Claimant) will be required to report your Husband's income and expenses in relation to SE at the end of each Assessment Period.

8dayweek · 30/01/2024 22:27

(And yes, odd as it is, you do make a joint claim as normal and then they're made "ineligible" so they form part of the benefit unit, but you don't receive or derive any increase as a result of their "presence" but their earnings / other income is still taken into account as "normal")

If their LTR is varied or the NRTPF restriction is lifted - tell UC straight away so their Habitual Residency can be reviewed and they can be made "eligible"

rimx · 30/01/2024 22:29

@8dayweek
@griseldaaaa
Thank you so much.
You guys have helped me out so much. I understand now.
My husband has no recourse to public funds due to his spouse visa so isn't gainfully self employed.

I just have to every month notify Uc how much he has made and what his expenses were. Do I do this in the journal?

Thank you :)

OP posts:
8dayweek · 30/01/2024 22:47

You should be able to do it in the journal - they should explain the format you need to report, and the dates your assessment period covers.

It's something along the lines of Income / Tax / NI / Pension / Travel / Mileage / Expenses (itemised). I'd ask them to add a Journal message with each details of what to report - and then you can just cut, paste, add your bits and click send each month.

(Don't worry if Tax / NI etc isn't paid month by month - you won't always have something in every box every month, if that makes sense).

rimx · 30/01/2024 22:49

Yes it does make sense. Thank you @8dayweek

You've been a godsend. I was very worried. I just didn't know what to do and wasn't making any sense to me.

Thanks x

OP posts:
Babyroobs · 30/01/2024 22:52

It is correct he needs to be added to the claim because his earnings will affect the Uc claim. You will only get a single standard element as he has no recourse to public funds but as you are living as a couple his earnings will reduce the claim.

8dayweek · 30/01/2024 22:53

No worries. Glad I could help!

This gives a bit more insight into what you'll be asked to report...

www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/how-to-report-your-earnings-from-self-employment

(From memory, it's mileage OR petrol - not both so might be worth a fag packet calculation to work out what ends up better).

8dayweek · 30/01/2024 22:59

@Babyroobs Yeah but it's odd isn't it - because generally speaking an OISC advisor would tell people with NRTPF condition that applications to benefits could jeopardise any later request to extend / vary their LTR.

www.nrpfnetwork.org.uk/information-and-resources/rights-and-entitlements/benefits-and-housing-public-funds/benefits

In reality, I can't imagine the Home Office caring unless there was some kind of element of fraud / forgery / deliberate misrepresentation.

notapizzaeater · 31/01/2024 00:19

Sorry to derail the thread but isn't that under NMW ? Can ubereats do that ?

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