Forum Home → Discussion → Work capability issues and ESA → Thread
Permitted Work
Have a friend who has just been put in the Support group. Considering some PW but we are really not sure how much she will earn. Approx £20 pw but could be more. Does it really matter as both earnings upper limits are for unlimited time?
If we advise work will be under lower limit and it goes above or if we advise its over £20 and it averages out as less could we just let DWP know in say 4-6 months
She is very anxious about doing the right thing and I know the chances of actually getting an answer from anyone who knows anything at DWP are slim
Anyone have any suggestions as to tactics would be grateful.
As far as I am aware, provided hours and earnings fall under the threshold, as your friend is in the support group, her benefit will be unaffected. I am not aware of a requirement to stick to the expectations of earnings as the DM should assign the appropriate category of PWHL and only make an adverse decision if it exceeds the appropriate hours/earnings threshold (from memory 16hrs/£99.50pw).
I am sure you’re aware that although the work is permitted, a DM could see that she is working and make an inference as to the extent of her LCW and bump her down to WRAG or off the benefit entirely. So, have a riposte to hand if this should happen.
I have a cl in similar situation and have been informed today there is a list of permissible work. I have requested this “list” and was told it was available online. Anyone know where I might locate it? Or is this a run around?
Cheers
http://en.wikipedia.org/wiki/Runaround_(UK_game_show)
A throwback to my youth!
Thanks DM never heard of it but permitted work or rather exempt work is
Exempt work
A person can carry out the following types of work without it ending her/his entitlement to ESA:
work done when receiving assistance in pursuing self employment (test trading);
work as a volunteer;
an unpaid work placement authorised by the DSD before it began.
A person can carry out the following types of work without it ending her/his entitlement to ESA (and if her/his earnings are within the permitted amounts the earnings will not count as income and will not affect either ESA(IR) or ESA(C)). These amounts will increase as the minimum wage increases:
work earning up to £20 per week;
work earning up to £97.50 per week which:
is part of her/his treatment programme and done under medical supervision; or
is supervised by someone from an organisation which provides or arranges work for people with disabilities;
work for less than sixteen hours a week earning up to £99.50, either:
for up to 52 weeks; or
indefinitely if the person is in the support group.
These rules are more generous than those which applied before the introduction of ESA. A person receiving Income Support had her/his benefit reduced by earnings over a disregard of £20. Note: a higher, exempt work earnings disregard also applies for Housing Benefit.
No definite list as I was wrongly informed, definitely the run around.
The higher earnings limit in England is 16* the minimum wage rather than 97.50 a week.
The rules around earnings disregards are certainly more generous.
Yes, to clarify, the higher earnings limit for PW is now £101 per week (ie 16 x the minimum wage, rounded up).
Apologies forgot Minimum wage had risen by 12p from 6.19 to 6.31
I would definitely recommend that they see an ESA adviser or Disability Employment Adviser at the Jobcentre as any Permitted Work is supposed to be authorised and agreed by them first.
A client of mine who is the ESA Support Group wants to do permitted work. I’ve explained the maximum hours/wages limits to him but he asked whether he can use the job centre to look for work.
Any advice on what he should say when/if he goes to the job centre for help? If he just says that he’s in the Supporrt Group and wants to do permitted work will they help hime without questioning whether he should be on JSA, for example?
One thing that makes me a bit weary is that the government guidance on permitted work doesn’t make it very clear what people in the Support Group can do regarding employment; so I want him to be prepared if the JC+ staff start telling him a load of nonsense.
Weary and wary :)
Hm, I was just looking at gov.uk info for permitted work this morning for a client. It says:
You can also do ‘supported permitted work’ and earn up to £104 a week if your illness or disability very severely limits your ability to work. There’s no limit to the number of hours per week or length of time you can do ‘supported permitted work’ for.
Supported permitted work is supervised by someone from a local council or a voluntary organisation whose job it is to arrange work for disabled people.
https://www.gov.uk/employment-support-allowance/eligibility
.. which to my mind is quite misleading to someone in the Support Group. I thought in the SG you could have indefinite PW, and it didn’t need to be “supported”, you just had to complete a PW1?
DRUK looks like a better info source to be handing out:
http://www.disabilityrightsuk.org/work-people-living-disability-or-health-conditions