The person concerned was entitled to unemployment benefit but opted not to avail of it in accordance with the legislative provisions which provide that assistance may be claimed where this is more beneficial.
Accordingly, he was paid unemployment assistance, including an increase for an adult and one child dependant, with no means assessed against him from 19 September 1994.
The claimant's wife became self-employed and as she was earning over £60 per week he was no longer entitled to the adult dependant allowance and was entitled to only half the child dependant allowance.
The legislation provides for the assessment of any benefit or privilege, including any benefit derived from income earned by a spouse from employment or self-employment. The person concerned was accordingly assessed with the benefit of his wife's income from self-employment.
Where the spouse of a person in receipt of unemployment assistance takes up insurable employment as an employee, the first £45 of weekly income is disregarded in recognition of the costs associated with going out to work. Where the spouse is employed three days or less each week, the disregard is £30.
In self-employment cases no specific disregard is allowed but full account is taken of all work-related expenses incurred by the spouse in operating the business. Such expenses would include all costs such as those relating to the hire or maintenance of premises, power and light, hire of staff, transport, materials, special clothing etc. The balance is assessed as means which in this case were assessed at £72 a week.
