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

Freelance work and New Style ESA

Emma
forum member

Benefits Team - Sheffield ME/Fibromyalgia Group

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Total Posts: 10

Joined: 24 July 2019

Hi,

Looking for some advice;

Client in receipt of Enhanced rate PIP for both elements. Previously had a very flexible work role, allowed them to work from bed. 18hrs per week. Due to be made redundant on 30/04. Due to contacts in role would possibly get ad-hoc freelance work.

If he does get work he would earn over the 16 x NMW , but it would be inconsistent (unlikely to earn more than £9000 per year)

Would it be a case of re applying again, being reassessed until he is no longer eligible because of NI contributions?

Not entitled to UC due to over savings limit.

The only thing I can find is on here: https://assets.publishing.service.gov.uk/media/65645aea1fd90c000dac3bc2/admv3.pdf

Calculating the hours for permitted work
V3081 Where no recognizable cycle has been established, it is
1. the number of hours or
2. the average number of hours where the hours worked are likely to fluctuate a claimant is expected to work in a week

V3082 Where the number of hours a claimant works fluctuate and there is a recognizable cycle, it is over one complete cycle of work. This complete cycle includes periods in which the claimant does no work but excludes other absences such as holidays or sickness

V3083 Where the number of hours a claimant works fluctuate and there is no recognizable cycle, it is
1. over the five week period or
2. any other period to enable the average hours to be decided more accurately immediately before the date of claim, or the date a supersession decision is made.

“Any other period to enable the average hours to be decided more accurately” - is this just case by case basis?

It is unfortunately all hypothetical as he doesn’t know if he’ll get work, how long the work will be for or how much it would pay.

Thanks in advance.

Emma