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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

permitted work in reverse

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Total Posts: 871

Joined: 22 August 2013

client does 15.5 hours for minimum wage but his employer is refusing to give him the extra half an hour which would mean tax credit entitlement (he has DLA).

is there anything to stop him claiming esa as its a bit like the reverse of the intention of permitted work?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Total Posts: 1711

Joined: 16 June 2010

I’ve certainly advised clients in similar positions to do so (did so only this morning in fact). The usual PW rules apply (so only able to work/receive ESA for 52 weeks unless the work is supported) but other than that it shouldn’t be an issue.

I seem to recall there has been some debate in relation to what point the 52 weeks starts to be counted from (there was a suggestion that work undertaken before claiming ESA counts towards the 52 weeks) but all I can say is that I’ve yet to encounter a client who has had a problem. The main difficulty in these circumstances is generally GP being confused about whether or not medical certificates can be issues (in which case a letter from me to the surgery to clarify the position has usually done the trick).