Income or not?

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  • #45542
    rds01
    Participant

    We have a s/e claimant who had a contract with a Doctors surgery.  The deal was he'd get £2k a month for a year, there was nothing in writing.  After a few months the Doctors wanted to end the arrangement.  Our claiamnt instrructed his sols and the parties agreed to a one-off payment of £8,500.  Our claiamnt was happy with htis and assumed the arrangement had ended. 

    The Doctors surgery have now started to pay our claimant £1,000 a month.  Our claiamnt thinks this is out of guilt?  As there is no obligation for the payments and he is not doing any work for them, should these payments be treated as income or voluntary payments?  Many thanks.

    #128219
    rds01
    Participant

    Just raising this again to see if anyone has any views? Thanks

    #128253
    walmslm
    Participant

    If it is completely as stated, I’d say it has to be a voluntary payment. However that’s a massive IF I’m using. I can’t see a doctor making payments of £1,000 that they don’t have to?! Have they already paid the £8,500 in full? Is this not just instalments towards that? Seems a very strange arrangmeent, I’d definately wnat some kind of statement from the doctor to confirm the story.

    #128255
    rds01
    Participant

    The £8,500 was paid in full as agreed, to end the “contract”. There is a letetr to confirm this. However, the Doctors keep making the payments and the CL has no idea why? Thanks

    #128265
    trace2.0
    Participant

    If the claimant has no idea why he is receiving the £1000 pcm then do you have any other choice but to assume it’s unearned income? It is a lot of money after all!

    #128292
    rds01
    Participant

    But if the Doctors have no obligation to make these payments, then aren’t they voluntary? Our CL states that the Doctors are very religious and this is the reason for their guilt and the payments?

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