Assessment of self-employed earnings
The rules on assessment of self-employed earnings under universal credit are set out in the Universal Credit Regulations 2013 (SI.No.376/2013).
NB: See below for equivalent legislation in Northern Ireland.
Calculation of self-employed earnings |
Regulation 57 of SI.No.376/2013 |
Sets out the method for calculating a person’s self-employed earnings. NB - SI.No.522/2020 makes amendments to regulations 57 in relation to the treatment of payments from the Self-Employment Income Support Scheme and Coronavirus Job Retention Scheme to self-employed claimants. |
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Unused losses |
Regulation 57A of SI.No.376/2013 |
Provides for previous losses (as calculated by regulation 57) that have not been extinguished in subsequent assessment periods to be taken into account in calculating a person’s self-employed earnings. |
Permitted expenses |
Regulation 58 and 59 of SI.No.376/2013 |
Provide for deductions for expenses that can be made from self-employed earnings. |
Minimum income floor (MIF) |
Regulation 62 of SI.No.376/2013 |
Provides for claimants who are in ‘gainful self-employment’ and would (apart from the MIF) be subject to all work-related requirements to be treated as if they were in receipt of earnings at the level of their individual threshold (as set out in regulation 90). |
Start-up period |
Regulation 63 of SI.No.376/2013 |
Provides for a period in which the MIF does not apply. |
Meaning of ‘gainful self-employment’ |
Regulation 64 of SI.No.376/2013 |
Defines when a claimant is in ‘gainful self-employment’. |
In Northern Ireland, SR.No.216/2016 makes provisions that are largely equivalent to that in Great Britain.
In addition, SR.No.85/2020 makes provision in relation to payments from the Self-Employment Income Support Scheme and Coronavirus Job Retention Scheme.
Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.
Advice for decision making |
Guidance to decision makers on self-employed earnings. |
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DWP guidance from parliament.uk |
Sets out guidance on what a claimant needs to report, how a claimant reports self-employed losses and treatment of self-employed losses. |
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DWP guidance from parliament.uk |
Sets out guidance on permitted expenses, payment in kind, tips and gratuities, payment of interest on business loans and VAT. |
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DWP guidance from parliament.uk |
Sets out guidance on the start-up period, quarterly reviews and work requirements, changes of circumstances, claimant is no longer eligible or gainfully self-employed, claimant not taking active steps, and ending the start-up period. |
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DWP guidance from parliament.uk |
Sets out guidance on self-reported earnings, earnings reported late or not received, and earnings from a suspended award. |
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DWP guidance from parliament.uk |
Surplus, fluctuating and irregular earnings plus payment cycles |
Sets out guidance on surplus earnings (including where claimant separates from partner), fluctuating earnings, irregular earnings, late, missing and incorrect payments, earnings that are not paid monthly or paid on a different date than normal, and decreased earnings. |
DWP guidance from parliament.uk |
Sets out guidance to DWP staff including on the level of the MIF, conditionality thresholds, couples and the ‘Move to Universal Credit’ process for self-employed claimants. |
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DWP guidance from parliament.uk |
Sets out guidance on calculating earning, work allowances and the taper rate. |
Case law provides further interpretation of the legislation and establishes legal precedent.
Upper Tribunal |
Whether decision to apply minimum income floor was appealable / application of minimum income floor to seasonal worker |
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High Court |
High Court rules that universal credit minimum income floor is not unlawful. |