ESA and permitted work

sanwyp - 20 August 2013 05:34 PM

Have checked the information around what work can be allowed when claiming ESA., but unsure about someone who is actually working as they make the claim. Only 7 hrs per week, but continues to do this during the assessment phase. Has been found fit for work so now plans to claim JSA to top up low income.

Would ESA (IR) be paid in the above example, would it ignore earnings? If DWP confirm to LA that ESA (IR) is in payment at full rate would HB also ignore the earnings of around £42?

Really is not clear at all.

You can earn up to £99.50pw for up to 52 wks under permitted work and continue to keep full ESA payment + earnings. Work needs to be reported to JCP and form PW1 completed.

If it is irESA and not cbESA in payment, clmt will be passported to full HB so additional earnings irrelevant.

I don’t see any reason why someone could not make a claim for ESA whilst already undertaking the work so long as they meet all other requirements (med3 certificate etc.) although I could be wrong on this - not come across it before. Worth noting that following decision finding clmt capable of work, clmt would not receive payments on a fresh claim due to 6 month rule. Would it be more appropriate to appeal decision and get paid ass rate whilst dispute ongoing?

Couple in receipt of ESA income based because of one partner’s health condition. Other partner has health condition but has not claimed in her own right. Has anybody had experience of Permitted Work being agreed or not agreed for partner who in receipt of ESA because of being a partner? The work would be in a Community Interest Company that finds and provides work to people who have a health problem or disability (see DMG attached Exempt work) so in theory she might be allowed to work under the Supported Permitted Work rules and earn the higher limit of £99.50 for longer than one year.
Thanks folks.

Judy Scott - 21 August 2013 08:12 AM

Couple in receipt of ESA income based because of one partner’s health condition. Other partner has health condition but has not claimed in her own right. Has anybody had experience of Permitted Work being agreed or not agreed for partner who in receipt of ESA because of being a partner? The work would be in a Community Interest Company that finds and provides work to people who have a health problem or disability (see DMG attached Exempt work) so in theory she might be allowed to work under the Supported Permitted Work rules and earn the higher limit of £99.50 for longer than one year.
Thanks folks.

Only claimant is eligible to undertake permitted work I believe.

But there are any number of references to couples and Permitted Work in DMGs etc - They only have the £99.50 PW between the two of them.

Would these be couples both of whom had passed WCA?

Do you have any reference for your belief?

When UC is claimed if one partner is in receipt of incapacity element it appears that either partner can access the higher disregard. Yes I know it does not necessarily follow!!

Thank you

Judy Scott - 21 August 2013 09:41 AM

But there are any number of references to couples and Permitted Work in DMGs etc - They only have the £99.50 PW between the two of them.

Would these be couples both of whom had passed WCA?

Do you have any reference for your belief?

When UC is claimed if one partner is in receipt of incapacity element it appears that either partner can access the higher disregard. Yes I know it does not necessarily follow!!

Thank you

Well only the claimant is required to undergo WCA. Reg 40 & 45 discuss exempt work and all refer to clmt but not partner.

I’m not an expert and can’t recall coming across this issue directly before so don’t take my word for it! Just throwing it out there.