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

Transitional Protection for Permitted Work?

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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When someone moves from ESA to UC - is there any transitional protection on their earnings or are they all immediately subject to any work allowance from day one of the UC claim?

Daphne
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No transitional protection at all in natural migration (with the exception of the sdp stuff that was announced - https://www.rightsnet.org.uk/welfare-rights/news/item/work-and-pensions-secretary-announces-measures-to-transitionally-protect-ex).

And having scanned the draft regs for managed migration - https://www.rightsnet.org.uk/welfare-rights/news/item/ssac-launches-consultation-on-government-proposals-for-managing-the-migrati -there is nothing there either - it just protects the benefit levels.

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Many thanks, Daphne.

An additional question - does anyone know how PW works with New-style ESA & UC eg. if someone claims new-style ESA and is doing permitted work is it the case that if no UC in payment PW level of £120 per week applies but if UC in payment, work allowance kicks in?

[ Edited: 3 Jul 2018 at 11:09 am by unhindered by talent ]
SueR (CHDCA)
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Craven, Harrogate and district Citizens Advice

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I have always assumed that earnings from permitted work would be treated the same as any other earnings so someone doing permitted work would get transitional protection.
Eg If someone has ESA of approx £100 and HB of £100 and doing work earning £100 they would get a top up. Their entitlement on UC earning about £100 would be £165 but their UC would be topped up by a transitional amount of £35. Any increase in earnings from then would of course be subject to the taper.
Looking again at the regs I cant see anything to change this but would be grateful to know what others think - am I being over optimistic