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

24 hour work affecting ESA claim

benefitsadviser
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Sunderland West Advice Project

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I have a client who is in the support group of ESA.

He has moved in with his partner, who is currently earning £120 a week as an apprentice, working 24 hours (fiver an hour)

Their applicable is £173 a week but ESA cant top up as 24 hours paid apprenticeship has closed his claim.

As their income is under applicable are there any other ways to increase income?

This situation seems rather unfair and im wondering if there is any other help. They would be 50 quid a week better off if partner packed in work

Thanks

Elliot Kent
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Shelter

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Very unpleasant situation…

In the absence of any better ideas - if the facts fit, perhaps the claimant could claim PIP and their partner would potentially get a carer’s exemption to the partner’s work rules?

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Working tax credit claim?

This means that if you have a contract of employment and your pay is classed as taxable earnings, not just reimbursement of expenses or a non-taxable training allowance, it should be classed as remunerative work for WTC.

I am on an apprenticeship – can I claim WTC?

Gareth Morgan
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CEO, Ferret, Cardiff

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Paul_Treloar_AgeUK - 04 April 2016 03:54 PM

Working tax credit claim?

Agree

Daphne
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Only if they’ve got kids surely? Otherwise would need to be 30 hours.

Gareth Morgan
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Disabled?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Doesn’t it have to be the disabled one who is working?

Paul_Treloar_AgeUK
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Yes, I think you’re correct in fact. Sorry.

samiam
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WRAMAS Bristol City Council

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UC (if you’re in a digital area)

stevenmcavoy
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Welfare rights officer - Enable Scotland

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we have a similar case with a single client who has a learning disability and enhanced DL pip.

am i right in thinking they could get esa if their apprenticeship was classed as supported?  looking at the tax credit option as well which may well be the better in practice but just trying to work out all of the options.

they would be doing 18 hours and have less then the earnings limit.