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Can IR ESA/CESA claim continue/re-start if permitted work exceeded?  Or have to claim UC?

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Total Posts: 249

Joined: 10 March 2014

Hi there,

I have a question that relates to a post I made in May last year but didn’t get a response (Discussion: Interaction btw permitted work and 12 week linking rule (ESA) - Rightsnet).

I want to be clear on what would happen to a clients IR ESA/CESA claim if they exceed permitted work rules.

They have been claiming IR ESA/CESA (support group) for several years due to long term disability.  They are also in receipt of the higher rates of PIP and living alone so getting SDP.

She is looking at 2 hours work per week but very well paid.  She is self-employed.  We would be looking for an average of earnings over a 6-12 month period in order to give an accurate average of profit.

It is possible that she will exceed an annual permitted work average.  If this happens, I believe the regulations say she no longer has a limited capability for work.

Could she then reclaim within 12 weeks and get the IR ESA/CESA (support group) restored or does it become a new claim and so necessitate a claim to UC?

Any thoughts very welcome.

EKS​

Daphne
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Hi Emma

I believe it would need a new claim so therefore can’t be done, and the only option to claim would be UC.  If it’s within a month of her getting ESA with sdp though, she would be entitled to the sdp transitional element - but you would need to make sure UC was claimed was within the month.

If she’s not entitled to ESA when she claims UC then she also cannot carry over LCWRA status - she would need to serve the 3 months wait and requalify. It might be worth thinking about moving to UC before the ESA stops - she could then get the LCWRA element straight away and the sdp protection. She will be a bit worse off as the transitional protection doesn’t cover all the loss even taking into account the more generous LCWRA element but it might be the best case scenario if she is to do the work.

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Total Posts: 249

Joined: 10 March 2014

thanks for getting back so quick Daphne, makes perfect sense.