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

Starting New style ESA and still being in work

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Total Posts: 179

Joined: 9 October 2019

Good afternoon - I was wondering if someone wold be able to advise on this situation:

I have a client who is very unwell and is close to being let go from her employer due to constant sickness. She currently work 28.5 hours. I am trying to help her get PIP. She has no housing costs as she is not liable for rent where she is staying currently but is on the council list. She has no savings.

She is trying to figure out with her employer what she can do and wants to cut her hours.
She is unsure if even this will help and is toying with the idea of claiming New style ESA and giving up work completely
I am currently unsure if she has used up all her Statutory sick pay with work, but she is undergoing disciplinary proceedings at work.

I’ve calculated that if she drops her hours to 12 - she will be within the earnings limit for permitted work and I can see no reason why she can’t carry out permitted work in the assessment phase. Is there anything stopping her from both reducing her hours and claiming New style ESA, filling in a PW1 form instantly and keeping her job?

Obviously none of us can say what is best for her health, or decide for her in terms of whether or not to reduce hours or give up work completely, that has to be her decision. I am just thinking purely from a maximising her income angle.

If she reduces her hours and claims universal credit she will get some support as the work allowance would be £673. but she wouldn’t get very much and if she can go through the ESA route and still work that sounds like the better option.

Thank you for any help/advice in advance.

CHAC Adviser
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Caseworker - CHAC, Middlesbrough

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Joined: 14 September 2017

I reckon the first question here is whether or not the client is still within a period of SSP, if they remain entitled to SSP then that blocks them from qualifying for ESA until that period has come to end. So you probably need to clarify exactly what the state of play is with that first.

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Total Posts: 179

Joined: 9 October 2019

CHAC Adviser - 20 November 2024 12:56 PM

I reckon the first question here is whether or not the client is still within a period of SSP, if they remain entitled to SSP then that blocks them from qualifying for ESA until that period has come to end. So you probably need to clarify exactly what the state of play is with that first.

Hi thanks for responding, yes I’m waiting for her to let me know this, she is currently still working, not on sick but has had too many sick days non-consecutively so she’s in the process of disciplinary proceedings. I’ve asked her if she has the option to go on statutory sick pay and yet to hear back.