Have a client who was claiming income support as a lone parent and also working 12 hours for minimum wage. she had disregard and still received some income support as she also has low care and low mob.

now though child is 11 and entitlement to income support as lone parent has ended. client has claimed job seekers allowance but is finding stress of signing on etc difficult as she has mental health issues.

What i am wodering is if there is any scope to have this client move on to esa and have a year under permitted work? she has claimed it and been refused as she is working and from my reading of the situation this does seem like it is correct.

Had the client been on esa and then started work though she would have been able to do this so i am just wondering if there is actually any way she could work and then claim esa under permitted work?

please see the esa regs 40 and 45 for anyone that could possible help with this one.

Reg 45, http://www.opsi.gov.uk/si/si2008/uksi_20080794_en_5#pt7-l1g45, seems to indicate that an ESA claimant would be treated as having limited capability - para (4)(b). Section 19 http://www.opsi.gov.uk/si/si2008/uksi_20080794_en_4#pt5-l1g30, indicates a claimant is treated as having limited capability until the medical examination. I think, therefore, that they would be okay under permitted work rules, but, unless they have an enduring mental health problem, I think they would be most likely be found fit for work. Would it be better to go for a reduced jobseekers agreement, based on her care role and mental health?

45, 4 (a) states though that its provided the work wasnt done before.

on the jsa front yes i have considered that option but was just wondering if esa may be an option as well.

Hi again Steven,
40 (4) (a) only applies to non-exempted work. Looking at para 45, your client should fit one or other sub-paragraphs in that, so (4)(a) would not apply.