I have a young woman claiming IB who applied to do permitted work in May 08. The DWP have decided it is not permitted work & have classed it as remunerative work & stopped her IB. I have advised her to ask for written reasons. Anyone any experience of this?

As long as she met the earnings, hours conditions etc then I cannot see what they would be using as an excuse to stop IB. Have you considered ringing the BDC dealing with your client? I’ve found that talking direct to the IB section can (not will) assist to clarify where problems are.

When she applied for PW she put on the form that she would be working UP TO 16 hours a week. For the majority of the time she has worked less than this, but actually worked 16 hours on 2 occasions. It is the words UP TO that are the issue. The PW rules say LESS THAN 16 hours. She has been told she can work 15 hours & 59 minutes, but as soon as she works 16 hours she loses her IB.
I have referred them to a letter from the then SOS for Work & Pension Secretary dated 07/02/05 which talks about strengthened PW rules to make part-time work a realistic option. It clearly says that for the first 12 months claimants can work UP TO 16 hours a week.
I am hoping this is enough.

It should be an average of relevant weeks that counts - Reg 17(8) of the Incapacity for Work Regs says that, where there is no recognised cycle of work, it is the average of the relevant week and the previous 4 weeks that counts. If this means that the average is more than 16 in the particualr week then she would not be entitled in that week. Once it drops below 16 hours again I assume that she could reclaim IB and the claims would be automatically linked if the break is less than 8 weeks - which it would be in your case. However, this might require a fresh claim. I am not sure what they require in practice.

I have a case where we recently overturned an adverse PCA decision at tribunal but she had increased her hours in some weeks since the decision and she should lose entitlement for a few weeks. I am just waiting to see what the Jobcentre does next - we are within the 3 months to backdate her claim if necessary.

Tony

On the issue of language. It is generally understood that “up to” means ending the day/hour before. Similarly the word “from” means the day/hour after.

A thing comes “up to” some other thing and “rests against” it, if you like. It generally does not incorporate that “other thing” into itself. For that to happen conceptually the words “and including” usually have to be added so that it would read “up to and including 16 hours”.

That is why benefit letters are so carefully worded and it is not just the DWP being pedantic when a letter says, for example, “you have been awarded Income Support from and including 1/1/08”.

However, the average claimant cannot be expected to be aware of such esoteric notions but whether the claimants understanding can be a mitigating factor against the fact of working 16 hours I’m not convinced of but it might be a persuasive factor in the DWP using discretion not to recover any overpayment that might arise.