Dealing with an IfW appeal where the appellant is doing Permitted Work. The DM has pointed to the nature of the PW in reaching her decision as well as referencing the EMP's report. I've not seen this before (perhaps been leading a sheltered life).

The way I read the regs it seems that the PW bit of them only applies to being not treated as capable during any week in which work is done. There's nothing to stop a DM saying "Aha! You work part-time in an office and therefore I consider the evidence shows you are able to sit for at least 30 minutes" or somesuch.

Anyone think different?

Sue

It has always been the case that the nature of any exempt work (PW, Vol work, etc) could give rise to questions over eligibility and a referral to the PCA.

It would have to be pretty obvious though or it would happen in every case. Building on your example, suppose a client passes a PCA with points including 'sitting' 'getting up from a chair' and 'cannot answer the telephone and reliably take a message', and then gets voluntary work for a charity as a receptionist, another PCA would, I think, be quite probable.

The PCA decision wouldn't take effect retrospectively though so as to 'cancel out' the benefit paid during permitted work.

Tony

Thank-you Tony, that's pretty much what I thought.