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

access to work whilst on ESA

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Total Posts: 871

Joined: 22 August 2013

wondering if anyone has any more in depth knowledge of the scheme than i do as i dont deal with it on a practical level all that much.

client with a hearing impairment initially refused access to work for interview due to being on ESA.  colleague got this resolved but they were wondering what the actual rules are re ESA and access to work.  ive had a look but i basically cant find any definitive answers and some of it appears contradictory.

the info on access to work says you MAY not get it if on esa but can do if doing permitted work.

this seems an odd position as if you are on ESA and start work that isnt permitted…then surely you are no longer on ESA?....i suppose you could have a couple claim but at the very least you wouldnt have lcfw surely?

it seems a bit of a pointless rule if i am not missing something.

the word may is also used but i cant find anything on when it may or may not be accepted that you can get it whilst on ESA.

anyone have or able to point me in the direction of more detail on this?

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Have you seen the staff guide?
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/711675/access-to-work-staff-guide.pdf

I guess if someone read paras 99 and 100 without reading para 101, then they might get confused about who is allowed to apply.

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Total Posts: 871

Joined: 22 August 2013

Jon (CHDCA) - 10 August 2018 02:46 PM

Have you seen the staff guide?
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/711675/access-to-work-staff-guide.pdf

I guess if someone read paras 99 and 100 without reading para 101, then they might get confused about who is allowed to apply.

i hadnt looked at that.  thanks