ESA linking rules

Client in support group ESA, doing PW.  Before seeing us she accepted increased hours of work and worked extra hours for one week. We have calculated she is £140 pw worse off by increasing her hours and losing PW status but staying on LB.  She obviously does not wish to continue
Problem is we need to tell her she must advise DWP of increased hours which take her over limit.  CPAG states if earnings go over limit claimant not eligible for ESA ‘for that week’.  Is there a risk her ESA will stop though?

We are in full service UC area and she is worse off on UC by £100 pw, if the worse happens can we rely on linking rules to go back on ESA.  Can’t find anything in CPAG on linking rules (despite making good use of time spent listening to Vivaldi!) although I am sure there used to be something…

Hi Maggie - there’s discussion of it here - https://www.rightsnet.org.uk/forums/viewthread/12954/

You don’t mention whether it’s contributory ESA or irESA - if it’s contributory the other thread suggests that it could link to new-style ESA but if you are full service then income-related ESA is abolished so I don’t think you can go back to that once it has stopped as it would necessitate a new claim.

thanks Daphne, it is income based.  I did think that would be the case but just wanted to be sure.  I am hoping they will not stop ESA but been on hold for 45 mins now…sigh

If you can show she is back below the earnings threshold currently, they might treat it as a closed period supersession, and just create an overpayment??

Thinking some more - if it was just one week she went over can you argue to average the hours over a longer period to bring it down under 16 - see CPAG pg 993 onwards. If you can argue that then no grounds to stop ir ESA and your client can continue on it as well as no overpayment.

Edit - or did her earnings go over limit too as that would stop ESA as you say

Unfortunately earnings did go over the limit..evidently adviser who saw her today was on hold for 45 mins so client is going to go home and call DWP herself
Yes Jon I am hoping that is how they will treat it or there will be a lot of work ahead!