Starting ESA claim while working less than 16 hours - permitted work

Bit of an interesting one. Got a client with a currently stable mental health problem (under care of community mental health team). His work hours have been reduced to 15 hours pw and he and his family are struggling financially, partly due to having to contribute towards rent. It appears that from April his earnings would take him within the new permitted work earnings limits (£115.50).

I haven’t yet mentioned to him the possibility of claiming ESA but would welcome thoughts please on the following:

1) I believe that technically there is nothing to stop him claiming ESA from April as long as he can get a F4W certificate, as his employment would fall under PW rules. If he succeeded he’d be in WRAG so award would only last 52 weeks.

2) But I imagine he will struggle to satisfy the WCA because of the fact that he is already working and has done for some time, in a school kitchen, so various mental/cognitive activities/descriptors would be hard to argue on, including awareness of hazards, social engagement, appropriateness of behaviour.

To cap it all I know that his psychiatrist isn’t one to overplay his patient’s conditions to help them claim benefits.

I think I’ve already convinced myself it would be setting the client up for disappointment but would like other views.

On the subject of the 52 week limit - if your client can fit under supported permitted work, it can continue beyond that. From memory, he’ll need something signed by a person or organisation permitted to supervise this work; anecdotally, this has been just a stamp and a signature periodically on a JCP form. Some organisations ask for an annual fee, which may or may not be worth it.

It sounds like you’re concerned with the practical implications of working on an ESA claim. Why did his hours reduce? The way you’ve phrased it is suggestive that they were reduced for him, rather than out of his choice, suggesting that he can work at least 16 hours per week, but are there implications for his health if he works over 15 per week (reg 29)? Is WTC an option? PIP? I imagine you’ve thought of these, but just in case you haven’t, it sometimes helps to be reminded.

Edmund Shepherd - 26 February 2016 11:53 AM

On the subject of the 52 week limit - if your client can fit under supported permitted work, it can continue beyond that. From memory, he’ll need something signed by a person or organisation permitted to supervise this work; anecdotally, this has been just a stamp and a signature periodically on a JCP form. Some organisations ask for an annual fee, which may or may not be worth it.

It sounds like you’re concerned with the practical implications of working on an ESA claim. Why did his hours reduce? The way you’ve phrased it is suggestive that they were reduced for him, rather than out of his choice, suggesting that he can work at least 16 hours per week, but are there implications for his health if he works over 15 per week (reg 29)? Is WTC an option? PIP? I imagine you’ve thought of these, but just in case you haven’t, it sometimes helps to be reminded.

Thanks for your reply Edmund - apologies for delay, I had a few days off. The client’s hours were reduced for business reasons ie not because he could not cope with longer hours. I’ve asked client but he can’t get more hours at the moment, so WTC is not an option. On the face of it he presents as someone who could cope with more hours.

Which brings me back to my original point, that if he applies for ESA I expect that the fact that he is and has been working successfully for some time will be used as evidence that he does not have LCW. Therefore is there any point in pursuing a claim that ultimately is likely to fail, assuming he can get the initial ‘fit for work’ certificates?

NB he did apply for PIP last year but was refused and did not challenge decision. I’ve emailed his psychiatrist to ask if he thinks a new application would be appropriate, and if he would support this.