I was looking up the rules in relation to ESA claimants and Permitted Work in the Disability Rights Handbook. The handbooks covers the higher work higher limit rules for those in either the Support Group or the Work Related Activity Group leading the the assumption that you cannot do permitted work higher limit in the assessment phase of ESA, is this the case?

My client was claiming IB while doing permitted work higher limit (She worked 3 hours a week earning £60 aweek plus also inreceipt of DLA mrc/hrm). Her IB stopped as she continued to do permitted work over the 52 week limit (she states she was not informed about the rules). When her IB stopped she came to me for advice. From the Disability Rights Handbook it looked as thought she could claim either give up work and reclaim IS under the linking rules or alternatively claim ESA however she would have to stop work while in the assessment phase. She could then do a further period of permitted work once she was placed into either the support or work related activing group. Is this correct?

A quick look at the ESA regs does not reveal any measure to prevent exempt work for those in the assessment phase.

I have a similar issue with one of my clients. She was sent a letter saying she could earn up to £92 as permitted work just after claiming ESA. She agreed permitted work and was earning £60+ per week. However all bar £20 was ofset against her IR ESA as income. THis was all way before I became involved at appeal stage after her failing WCA.
Now not relevant as been off sick since june. I was curious though as I thought she shouldn't have lost any IR ESA as earnings under £92. I also looked in Disability Rights Handbook and I too thought it seems to suggest Higher PW only applies to WRA group and support group and maybe this was why she was having income taken into account while still in assessment period. I am considering fighting to get the money back for her but does anyone know the actual regs on permitted work and the different types that can be done at each stage (if there is any difference!)
See Dis Rights Handbook page 88 section 3 Permitted work higher limit section - only mentions WRA group and Support group