× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

ESA50, WCA and Permitted Work

Advisor_1
forum member

Byker Community Trust

Send message

Total Posts: 81

Joined: 8 April 2015

Hi,

Im seeking any tips people might have on completing an ESA where the claimant is currently undertaking permitted work. We won her ESA appeal 12 months ago, and she now has a new ESA50. Client has mental health problems, and is working 10 hpw under permitted work rules, but her work is as a mindfulness and relaxation tutor, and her employer is very relaxed about timekeeping etc. The work almost acts as treatment for the claimant, and she still feels that if she was found to be capable for work, she would not last in what she calls a ‘normal working environment’. She explains that she doesn’t really do a great deal at work, and never manages to complete the tasks that she is set. Her boss is more like a friend and has a very relaxed attitude towards the client.

Ive explained that we can focus on the difficulties that she is having now at work, with regards to learning things and controlling her behaviour, but I wondered if anybody had any tips on how to approach this? Client is concerned that the DWP will simply look at the fact that she is doing permitted work, and deem her to be capable of working.

Any suggestions would be gratefully received.

BC Welfare Rights
forum member

The Brunswick Centre, Kirklees & Calderdale

Send message

Total Posts: 1366

Joined: 22 July 2013

The attached is useful for the non-typical working environment argument.

Other than that she can still score points from the MH Activities for things that occur ‘frequently’ or’ occasionally’ or even the majority of the time whilst working 10 hours. It is a test of Limited Capability for Work rather than no capability for work.

I have found with ESA tribunals where PW is an issue that the closer to 16 hours p/w the claimant works the harder it is to establish that there is a Reg 29 risk. 10 hours a week is quite a way off; if she was doing 14 or 15 hours it gets more difficult.

File Attachments

Advisor_1
forum member

Byker Community Trust

Send message

Total Posts: 81

Joined: 8 April 2015

Thanks for that. Much appreciated.