Section 4 (11) of the Casual Trading Act, 1995 requires a local authority to notify the Minister for Social Welfare of the name and address of a person to whom a casual trading licence was granted and the conditions of the licence.
Casual Trading Act 1995
Casual Trading Licences.
Section 4(11)
A local authority is therefore obliged to inform the Dept. of Social Protection of the granting of a casual trading licence to an individual and the duration of that licence. However a local authority is not required to provide details of when and whom was trading under a licence on a particular day for the duration of that licence. It is the responsibility of each individual market trader to keep records and provide those records to the Dept. of Social Protection when making an application for benefits.
If a local authority were to receive a request from the Dept. of Social Protection or a request from the Guardai in relation to working while claiming benefits, a local authority would have to provide any attendance records pertaining to that licence.
Market Trading and Social Welfare Payments
A casual trading licence may be granted to an individual, a small business or a limited company. In each case a licence is granted to a named individual who may identify named ‘servants or agents’ who may also operate under that licence. A market trader can therefore be either self-employed or an employee of the owner of a licence. The rules that apply to social welfare payments differ for self-employed and employed persons.
Self-employed Market Traders
Income From Self-employment and the Means Test
The earnings from market trading will be assessed in the means test for Jobseeker’s Allowance. The assessment must reflect the income you may reasonably be expected to get from your business over the next 12 months. Income for the last 12 months will be taken as a guide but allowing for any factors which it is known will vary. You should be prepared to discuss these factors when you are assessed for Jobseeker’s Allowance.
Earnings are assessed as gross income less work related expenses over 12 months. Your expected annual earnings from self-employment is divided by 52 to find your weekly means from self-employment. Any ‘drawings’ (wages) you take from the business is not an allowable expense. If your ‘drawings’ from the business are greater than the level of income calculated, the ‘drawings’ are assessed as cash income. There is no exhaustive list of all business expenses allowed because expenses vary with the nature and extent of the self-employment. However the following are the main allowable expenses in most cases:
Materials (supplies costs)
Motor running costs (portion applicable to business)
Depreciation of machinery or equipment
Insurance relating to the business
Telephone (portion applicable to business)
Lighting and heating (for business and not domestic use)
Advertising
Bank charges
Stationery
Any other costs associated with running the business (household running costs are not allowed as deductions against business profit)
To prove the level of income from your business you must give your receipts and payments (documentation showing money coming in and out of your business) or accounts to the person dealing with your application in your social welfare local office.
When you apply for Jobseeker’s Allowance
Usually, you will be asked for your receipts and payments or accounts for the current and previous year. For example, if you apply for Jobseeker’s Allowance in April 2015 you will be asked for your receipts and payments from January to April 2015 and for 2014. However, in certain cases you may be required to show accounts for the last two or more years.
Supplementary Welfare Allowance
You may qualify for Supplementary Welfare Allowance while you are waiting to be assessed for a jobseeker’s payment or if you don’t qualify for a jobseeker’s payment.
Supplementary Welfare Allowance provides a basic weekly allowance to eligible people who have little or no income. If your weekly income is below the Supplementary Welfare Allowance rate for your family size, a payment may be made to bring your income up to the appropriate Supplementary Welfare Allowance rate.
You cannot get Supplementary Welfare Allowance if you are working more than 30 hours per week. If you have claimed a jobseeker’s payment but it has not yet been paid and you have no other income, you may qualify for Supplementary Welfare Allowance while you are awaiting payment.
Employed Market Traders
Jobseeker’s Allowance and Work
In order to get Jobseeker’s Allowance you must be unemployed. You must also be capable of, available for, and genuinely seeking work to qualify for Jobseeker’s Allowance – and you must be able to show evidence of this to the Department of Social Protection. However, there are circumstances in which you can do some work and get Jobseeker’s Allowance. Income from work affects the amount of Jobseeker’s Allowance you get.
If you get part-time or casual work (up to and including 3 days per week), you may still be paid Jobseeker’s Allowance for the other days. However, you must show that you are trying to get full-time employment. If your employer reduces your days at work to 3 days week or less, you may get Jobseeker’s Allowance for the other days. You must meet the other conditions that apply to Jobseeker’s Allowance, for example, you must satisfy a means test.
If you have been getting long-term Jobseeker’s Allowance (over 390 days or 15 months) and you take up part-time work for less than 24 hours a week you may be eligible for the Part-time Job Incentive Scheme (PTJI). This scheme allows you to take up part-time work and get a special weekly allowance instead of your jobseeker’s payment.