Permitted Work & HB & CTB

see also http://www.disabilityalliance.org/f35.htm - Work for people who are sick or disabled - Disability Alliance factsheet

Can I go back to this question of when you can do permitted work - Im reading it that you have to start PW while you are on ESA? You can’t claim ESA when you are already doing a part time job ? I thought I knew this but looking at the Regs I am now befuddled.

Is it that Reg 40 effectively stops a claim from ESA ever getting off the ground if the claimant does any work in the first week of the claim? However, if thats the case, what would stop them getting ESA, effectively as a top up to part time wages, if they claimed ESA in a week they are on holiday or sick, and then go back to the job a week or so later, after claiming ESA?

Have I missed something very very obvious or can you do permitted work right from day1 of ESA claim with a job you started before claiming ESA?

This doesn’t entirely answer your post elene, but my view is that, “exempt work” is a label that becomes applied only after a set of criteria has been met.

That criteria is expressly provided by the ESA regs and “exempt work” is a deeming provision that can be satisfied only for those purposes.  In my opinion, this means a person cannot be in “exempt work” until s/he is on ESA, simply because “exempt work” doesn’t exist until the ESA regulations are engaged that that can only happen upon a claim being made, not before.  If someone can set this out in simpler terms, be my guest….