Help me work something out re self employment and stuff...

[ObsidianBlackbirdMcNight]

I work 26 hours per week, although including lunchbreaks I'm at work 27.5 hours.

DH is self employed and is doing his best to work as much as possible but the weather has squashed a lot of it.

We get tax credits to pay for DS to go to nursery 2 days per week, and DH has him the other two that I work. He doesn't need to be there ATM (but DH is using the time to do essential work at home, sorting stock, sorting out his van, paperwork) but will do soon so it's not practical, or even possible, to remove him from nursery for a few weeks.

For housing benefit and tax credits to work smoothly one of us needs to be working 30hrs+. I would up mine to 30 but the hours aren't available. DH certainly does more than 30 usually but january and february are hard and he's trying to fill 30 hours with work but he's not earning anything like 30hrs wages! so I'm telling HB that he's working 30hrs but earning about 8hrs pay. They are a bit even though it's true.

SO my question is (finally) -

Since I can't actually find another 2.5hrs of work (short of looking for some dodgy work from home stuff), what about the work I do helping DH with his business? I'm sure that i spend at least 2.5 hours washing stock, driving him to markets, paperwork, taking photographs, computer, emailing etc. But obviously it's unpaid.

Would I have to declare myself self employed as well as him, in order to have this work count? He's a sole trader so can't employ me. It seems a bit silly to declare myself SE with earnings of nil! But would it count?

Thanks very much anyone who has read all that!

as a sole trader he can employ you - but it will mean a bit of paperwork

speak to business link - it involves registering as an employer & setting up (a probably very basic) PAYE scheme

Is that the only way then? Would he have to employ me in order for those hours to count?

Damn more paperwork Would it cost anything to do?

Have just looked at business link site - that doesn't seem possible as I'd be either an employee and therefore should be paid minimum wage (which I do not want!) Or a volunteer which would not count towards my working hours. Could I be employed and paid £0? Surely that wouldn't be legal?

Honestly, why don't they work it out on earnings, not hours worked?

surely he can be working on his business without actually being involved in income earning activities at every point?

You can set up as a sole trader too, and invoice him for work done. You'll need to fill in self employment sheets on a tax return, but this shouldn't be too much paperwork.

Not sure how this works with housing benefit and tax credits though - you'll have to look into it.

Yes but it's hard to find 30+ hours of work without being able to go out earning! It's only because I'm concerned they might not believe he is doing 30 hours and it would be easier if, since I am actually working 30+ hours including the work I do helping him, I could just say that! Then his number of hours worked would be irrelevant.

Could I be a sole trader, work, but earn nothing? Or I suppose he could pay me, since he gives me more than 2.5 hours wages anyway.

You don't need to do anything - you don't have to work at all to be eligable for HB and according to this page, 'Couples with at least one child can claim the 30 hour element [of WTC] if they work at least 30 hours a week between them providing at least one of them works 16 hours or more a week' (my emphasis).

I think TC are different & there is a higher/extra amount if someone works 30 hrs+ (but it has been a while)

Thanks MrAnchovy but it's a bit more complicated - one of us has to work 30+ in order for the childcare element to be disregarded as income for HB. It makes a big difference as it's a difference of £70 a week - if HB consider that income they will slash our HB and we would be screwed.

Really? I am not a benefits expert, but all the stuff I can find says that if you both work at least 16 hours each you can claim up to £175 child care against HB which offsets the childcare element of WTC.

This system wasn't designed by a fool you know - it took a whole team of them

If that were true it would sort us out...I'll see what I can find out because you should never take the word of the first person you speak to when it comes to benefits...a lot of the work I do involves supporting people with benefits claims and it's amazing the deliberate conclealment and misinformation that goes on by staff.