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

Evidence of earnings for Permitted Work

Helen Rogers
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Welfare rights officer - Stockport MBC

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Total Posts: 234

Joined: 17 June 2010

I have a client who is doing Permitted Work and regularly takes his pay slips and bank statements to the Jobcentre.  ESA have stopped his claim because information they have been given by HMRC shows earnings that are much greater than the pay slips and receipts on bank statements.
Client’s line manager has told him that pay roll have been having some problems with their computer system.
I can’t find any guidance that stipulates which evidence should be used for earnings.
Does anyone know of anything that will help me?
Or will this just come down to what weight the Tribunal want to give to the conflicting pieces of evidence?

Interestingly, Housing Benefit have accepted pay slips and bank statements and reinstated claim after it stopped for the same reason.

Elliot Kent
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Shelter

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Joined: 14 July 2014

I don’t see that there is or should be any guidance dealing with this specific issue, although if there were it would probably say that the RTI is to be preferred in line with the approach for UC. It’s just a case of saying which of the conflicting pieces of evidence should be preferred isn’t it?

I suspect that HMRC would not be especially impressed at the employer’s apparent nonchalance to the incorrect reporting. Surely they should be going back and correcting whatever errors there are in their payroll reports which would presumably resolve the matter for your client.