Self Employed Carer for Mother

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  • #286025
    Sarahk76
    Participant

    Hi

    We have a claimant who was registered as a Self Employed painter and decorator and after reviewing his claim in November 2023 he has told us that he is no longer a painter and decorator but is now looking after his mother who pays him £136 per week so that he isn’t losing any income.

    He is claiming WTC too.

    We have included the £139 as weekly earnings but he disputes this and says he is self employed and we should also allow for his accountant charges.

    Can we consider him as being self employed even if he is looking after his mother?

    Thanks

    #286030
    pbirks
    Participant

    his mother isnt his employer though is she? Does he have a contract of employment between him and his MUm? If not, he isnt an employed earner.

    Does he have the required DBS checks etc to work as a carer? That may add somne weight to the idea he is self employed )(because he could do the caring role for other people as well as his mum)

    Otherwise, its just classed as other income.

    #286032
    Sarahk76
    Participant

    I am assuming he does not have a contract of employment and feel this is just a personal agreement they have with each other, but it threw me because he is claiming WTC!

    Many thanks

    #286041
    John Boxall
    Participant

    Why does he need an accountant if he only earns £139pw

    It seems to me that its more of a ‘Domestic Arrangement’ than employment

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #286046
    Kay_Tade
    Participant

    Can we consider him as being self employed even if he is looking after his mother?

    Thanks

    No!

    He works for his mum, there is no need for a written contract, a contract can be verbal. Fact he receives WTC is a red herring and neither here nor there in this particular instance (HMRC may not even know what he is doing now), the arrangement between the 2 of them is what dictates how this flows.

    #286048
    Sarahk76
    Participant

    I agree! but he has supplied ‘proof’ of this accountant fees. I have asked for more information but highly likely we will leave the claim running as ‘other income’

    Thank you

    #286051
    Kay_Tade
    Participant

    “Proof” of his accountancy fees does not mean “reasonable expenses” in this case?

    And I would apply the income as earnings, not other income.

    #286052
    Sarahk76
    Participant

    “Proof” of his accountancy fees does not mean “reasonable expenses” in this case?

    And I would apply the income as earnings, not other income.

    Thank you

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