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

ESA - permitted work

CHC
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Welfare rights team - St Mungo's Broadway

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Total Posts: 169

Joined: 22 June 2010

My client is appealing an ESA decision that he does not have a right to reside. While waiting for the appeal he found part time work which would normally fall within the permitted work hours and pay limits, I believe he is earning minimum wage x 12 hours. If he wins his appeal are the DWP able to consider this work as permitted work?( I appreciate that normally you have to complete PW1 form and received permission to complete permitted work with the time limit set) or will they only award ESA to the point that this work started?

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

Joined: 22 July 2013

If he wins the appeal then the decision to disallow ESA is overturned. So there should be no reason why the Permitted Work should not be possible and ESA paid for the full period. I have had a couple of cases roughly similar to this that have been paid in full eventually but it has required a fair bit of leg work to get it sorted.

Is the client able to get Assessment Rate ESA pending the appeal? If so, I would reckon that there should not be too much problem getting the PW1 form approved now.
EDIT Sorry, R2R case, of course not.

If client is not entitled to ESA pending appeal it may need to be sorted out after the appeal but I would still try to get it approved now, or at least inform DWP (in writing) that this is what is happening. Added complications where client claims JSA whilst doing PW during MR period but again I did manage to get this back paid eventually when someone finally understood it at DWP.

I hope that makes sense.

[ Edited: 29 Jan 2016 at 06:32 pm by BC Welfare Rights ]