Work done for payment or in expectation of payment Introduction 41326 Whether or not a claimant’s partner is in remunerative work is a question of fact rather than legal interpretation. The decision maker should look at all the relevant facts in each case. Regard work as remunerative if 1. payment is made for it or 2. it is done in expectation of payment1. Remunerative does not mean profitable (see DMG 41330). 1 ESA Regs (NI), reg 42(1); R(IS) 1/93 Work for no monetary reward 41327 A claimant’s partner cannot be in remunerative work if the work done is neither paid nor done in expectation of payment. If the only is notional earnings1 the “payment” work cannot be treated as remunerative. 1 ESA Regs (NI), reg 108(2) Payment in kind 41328 includes payment in kind provided it is made in return for work done. It “Payment” does not matter that the definition of earnings excludes any payment in kind. Expectation of payment 41329 Work in expectation of payment” means more than a mere hope that payment “done will be made at a future date1. There should be a realistic expectation of payment. An established author writing a book in his field has a realistic expectation of payment. A person who is not an established author and has no agreement for publication does not have a realistic expectation of payment. 1 R(IS) 1/93 Self-employed earners 41330 A claimant’s partner providing a service for payment for not less than 24 hours a week on average is engaged in remunerative work regardless of profit or loss. There can be an expectation of payment derived from profit but it must be a realistic expectation of payment for work being done at the time. The decision maker need not make detailed forecasts of profitability. Where a claimant’s partner is involved in
Work done for payment or in expectation of payment Introduction 41326 Whether or not a claimant’s partner is in remunerative work is a question of fact rather than legal interpretation. The decision maker should look at all the relevant facts in each case. Regard work as remunerative if 1. payment is made for it or 2. it is done in expectation of payment1. Remunerative does not mean profitable (see DMG 41330). 1 ESA Regs (NI), reg 42(1); R(IS) 1/93 Work for no monetary reward 41327 A claimant’s partner cannot be in remunerative work if the work done is neither paid nor done in expectation of payment. If the only “payment” is notional earnings1 the work cannot be treated as remunerative. 1 ESA Regs (NI), reg 108(2) Payment in kind 41328 “Payment” includes payment in kind provided it is made in return for work done. It does not matter that the definition of earnings excludes any payment in kind. Expectation of payment 41329 Work “done in expectation of payment” means more than a mere hope that payment will be made at a future date1. There should be a realistic expectation of payment. An established author writing a book in his field has a realistic expectation of payment. A person who is not an established author and has no agreement for publication does not have a realistic expectation of payment. 1 R(IS) 1/93 Self-employed earners 41330 A claimant’s partner providing a service for payment for not less than 24 hours a week on average is engaged in remunerative work regardless of profit or loss. There can be an expectation of payment derived from profit but it must be a realistic expectation of payment for work being done at the time. The decision maker need not make detailed forecasts of profitability. Where a claimant’s partner is involved in
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