Is it illegal to...?

[parrotlover]

if you are claiming job seekers and you are looking for work BUT dont get any replies and you decide to start selling bits and bobs on ebay or gumtree and you make around £400 each month from doing it, is it against the law to still claim JSA? These are used items that are being sold, not new, and its not a business BUT makes good enough money to live a proper life off whilst not working

[parrotlover]

its National Insurance Based that i am on

[sara3]

Contributory JSA or Income Based JSA?

[sara3]

how long have you been claiming?

[hc4361]

If your partner is earning he is liable to pay on his eBay income unless he can prove he hasn't been trading.

[parrotlover]

he hasnt been trading like i said its all second hand items that we have owed for years, he has his own and i have my own at our own places

[sara3]

well hey.. you asked and now you know. perhaps you should read the declaration that you're signing next time you sign on.

it's the ES24JP.

[parrotlover]

please dont get funny with me, i just wanted some advise so i know whats right about it all, it seems at the end of the day harmless as we dont buy anything to actually trade or sell on its all our own items or items i have been given that i have WORN AND OWNED before selling on as used so im sure there are people worse off out there that work and claim

[sara3]

yes, there's always someone worse off, but if you're called in for an Interview Under Caution.. I wouldn't say that on tape!

[parrotlover]

well i wont be will i because its not in my name and i would just tell them the truth that i sold items i used and owned JUST like a carboot but its on the internet!

[Coobeastie]

"i get given items from ..... freecycle so technically im not buying to sell, i am being given items to gift to sell on to make some money "

Freecycle is supposed to be about given people things that they need for free that you no longer need. Whilst its not enshrined in the rules its pretty unethical to ask for items or take offered items simply to sell on.

[Twenty20]

£400 a month is actually quite a lot, especially if this is, as you claim, all your own old clothes. Do you have a warehouse?

[boxtops]

I was going to say the same thing, twenty - £400 is far from nothing, an extra £400 per month would make a huge difference to me. I too regularly sell clothes and unwanted items on eBay - I've been a hoarder for years - but eBay are now making it clear that they want to draw a distinction between private sellers and traders. If your selling gets to a certain level they will notice - and if you are a 99p seller, you can only have 100 free listings per month now. If they think it's trading rather than private, then I am sure that the JSA will take the same view. If however your eBay account is in your OH's name (I think you said that) then how would be JSA know that it was you that is selling? In any case, I keep a spreadsheet of what I sell on eBay - final price, postage price, eBay fees, so I can see exactly what "profit" I am making - if I were in your position then I would do the same, so you can prove to JSA how much you are actually making in selling your stuff, if it ever comes down to it.

[Skyline D]

It's pretty clear here that what you are doing is trading. I find it hard to believe you can make £400 a month regularly from used clothes you already owned. As someone else said, you'd need to have a warehouse of the stuff.

If people are giving you things to sell on you are trading. You don't have to have physically paid for an item to be obtaining it to trade. If you are buying stuff at car boot sales and off gumtree to sell or ebay you are trading. Both of these you've conceded you do. Doing so in your partner's name makes it less likely you'll be caught by the Benefits Office of course but you're no less guilty if you are caught.

And so far as the Revenue are concerned they won't much care which of you it is. In fact, they'd undoubtedly rather it was him because if he's in employment he'll be liable for tax on it. As you aren't you probably wouldn't reach tax even with it.

[lotsafun]

hi parrot, just asked my friend now who works for the benefits office and she says what you are doing IS illegal, if you can earn £400 a month from selling stuff on ebay then you should not be needing to claim any benefits. I myself sell on ebay and ive been lucky to make £200 since the start of year and thats with practically clearing my wardrobe, a nintendo ds and games so im sorry but im very doubtful that you can make a steady income from just selling household goods. Also may i add that freecycle is a site where people who cant afford items go to, they are given to you to use, not to sell on for profit. Your coming across as a very dishonest person and the fact that your attitude is 'oh well its my partners account'' just confirms that.

[parrotlover]

if you read carefully the adverts on freecycle AND when you go to these peoples home who are giving stuff away they say yes you can sell on to make some money so they are HAPPY for you to be doing this, thats the whole point of it so its not just dumped down the tip! When people post on there "car boot items" GUESS WHAT! Theyre not going to keep them they are going to sell them on to make money!!!! Not hard to see and understand really is it? And its very easy to make £400 off nothing and NO i dont have a warehouse you dont know me so dont judge me i actually have a huge spare room that can hold all my junk from over the years AND my partner dont live with me so his income has nothing to do with my status. I keep putting stuff on for £2.00 and bid happy people are bidding up to £38 for dresses i have, skirts etc... so you work it out, at that rate of bids you dont need to sell alot to make that kind of cash on there!!!!!

[chelle7272]

I use freecycle regularly and i can tell you if you asked me if it was ok to sell stuff I was GIVING away to someone I assumed NEEDED it, I would tell you where to go!!

I find it incredible you would abuse the service like that. I put things on freecycle so people can have things they need / want but can't afford. If I wanted it sold I'd sell it myself!!

[Skyline D]

Right, so you are no longer disputing that you are indeed trading then?

Seems pretty clear then. The answer to the original question is, yes, it's against the rules to do so and still claim JSA. And either you or your partner should be returning the profits from your trade for tax purposes.

[lotsafun]

my thoughts exactly chelle!