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

Reclaim to CESA having exceeded PW limits

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Total Posts: 291

Joined: 10 March 2014

Looking for advice please and sorry if this has been covered elsewhere.

I have a client who has severe life-long disability (chronic condition).  In receipt of CESA and higher rates PIP.  Savings in excess of £20k (no means tested benefit).

She may be shortly exceeding permitted work limits.  She does some PAYE work then performance work self-employed) as/when she can.

I need to be clear on what happens if she exceeds the PW threshold.

Can I check the following is correct:
Her ESA entitlement stops and she is treated as not having a LCW.
12 week linking rules allow for another CESA claim.
When she reclaims CESA, she must meet the NIC conditions to get CESA again.
She will receive the same amount of ESA as before provided she reclaims within 12 week linking period and will not have to serve further waiting days.

She will then likely resume her permitted work – so another question arises: does her previous period of permitted work count for anything or is the slate wiped clean?

Thanks in advance
EKS